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Commission  Form 
of  Municipal 
Government 


IN  FORCE  JULY  1,  1923* 
(Printed  by  authority  of  the  State  of  Illinois) 
Compiled  by 

LOUIS  L.  EMMERSON 

Secretary  of  State 


LAWS  OF  ILLINOIS 


RELATING  TO 

Commission  Form 
of  Municipal 
Government 


IN  FORCE  JULY  1,  1923 


(Printed  by  authority  of  the  State  of  Illinois ) 


Compiled  by 

LOUIS  L.  EMMERSON 

Secretary  of  State 


29  00609  2043 


COMMISSION  FORM  OF  MUNICIPAL 
GOVERNMENT. 

An  Act  to  amend  an  Act  entitled  ^^An 
Act  to  provide  for  the  incorporation 
of  cities  and  villages,"  approved  April 
10,  1872,  in  force  July  1,  1872,  and  all 
Acts  amendatory  thereto  by  adding 
thereto  Article  XIII .  [As  amended  by 
Acts  approved  April  17,  1911,  May  12, 
1911,  and  all  Acts  amendatory  thereto. 

Section  1.  Be  it  enacted  by  the  People 
of  the  State  of  Illinois  represented  in  the 
General  Assembly:  That  the  Act  entitled, 
“An  Act  to  provide  for  the  incorporation 
of  cities  and  villages,”  approved  April  10, 
1872,  in  force  July  1,  1872,  and  all  Acts 
amendatory  thereof,  be  and  the  same 
hereby  is  amended  by  adding  thereto  an 
article  to  be  known  as  Article  XIII,  in 
the  words  and  figures  following: 

ARTICLE  XIII. 

Organization. 

Section  1.  What  cities  vested  with 
RIGHT.]  That  all  cities  and  villages  in 
the  State  of  Illinois  not  exceeding  two 
hundred  thousand  (200,000)  population 
which  are  now  or  may  hereafter  become 
incorporated  under  an  Act  entitled,  “An 
Act  to  provide  for  the  incorporation  of 
cities  and  villages,”  approved  April  10 
1872,  and  in  force  July  1,  1872,  and  all 
-Acts  amendatory  thereof  shall,  in  addition 
to  all  rights,  powers  and  authority  in 
them  vested,  under  and  by  virtue  of  said 
Acts,  have  and  they  are  hereby  vested 
with  the  further  and  additional  rights, 
powers  and  authority  contained  in  this 


Act,  which  for  conveniences  [convenience] 
is  hereinafter  designated  “The  Commis¬ 
sion  Form  of  Municipal  Government,” 
by  proceeding  as  hereinafter  provided. 

§  2.  Petition — submission  of  propo¬ 
sition.]  Whenever  electors  of  any  city 
or  village  equal  in  number  to  one-tenth  of 
the  votes  cast  for  all  candidates  for  mayor 
or  president  of  the  board  of  trustees  at 
the  last  preceding  city  or  village  election 
of  any  such  city  or  village  voting  for  such 
officer,  shall  petition  the  judge  of  the 
County  Court  of  the  county  in  which 
said  city  or  village,  or  the  greater  part 
thereof,  is  located  to  submit  to  a  vote  of 
the  electors  of  such  city  or  village  the 
proposition  as  to  whether  such  city  or 
village  shall  adopt  and  become  entitled  to 
the  provisions  of  this  Act,  it  shall  be  the 
duty  of  such  judge  of  the  County  Court 
to  submit  such  proposition  accordingly  to 
a  special  city  or  village  election  to  be 
called  by  such  judge  within  sixty  days: 
Provided,  if  a  general  city  or  village  elec¬ 
tion  is  held  within  such  sixty  days,  such 
proposition  shall  be  submitted  thereat. 
An  order  shall  be  entered  and  recorded  in 
the  County  Court  of  such  county  sub¬ 
mitting  such  proprosition  as  aforesaid : 
Provided,  further,  that  if  the  question  of 
the  adoption  of  this  Act  shall  be  sub¬ 
mitted  to  the  voters  of  any  municipality, 
and  it  shall  not  be  adopted  by  such 
municipality,  then  and  in  that  event  the 
question  of  the  adoption  of  this  Act  shall 
not  be  again  submitted  in  such  munici¬ 
pality  for  at  least  two  years. 

§  3.  Petition — form  of.]  Said  peti¬ 
tion  provided  for  in  section  2  shall  be 
substantially  in  the  following  form: 

To  the  Honorable  (name  of  judge),  Judge 


4 


I 

1 

/ 

i 

of  the  County  Court  of  the  County  of 
(name  of  county) : 

We,  the  undersigned  qualified  electors 
of  the  city  or  village  of  (name  of  city  or 
village),  respectfully  petition  your  honor 
to  submit  to  a  vote  of  the  electors  of  said 
city  or  village,  at  an  election,  the  follow- 
following  proposition: 

Shall  the  city  (or  village)  of . 

. adopt  the  commission  form  of 

municipal  government? 


Address,  with  Street 

Name 

and  Number 

State  of  Illinois,  ) 

ss. 

County  of .  J 

I, . ,  do  hereby  certify  and  make 

oath  (or  affirm)  that  I  am  upwards  of  the 
age  of  twenty-one  years,  that  I  reside  at 


number . street,  in  the  city  (or 

village)  of .  of  the  county  of 


. ,  and  State  of  Illinois,  and  that 

the  signatures  of  this  sheet  were 'signed  in 
my  presence  and  are  genuine;  and  that  to 
the  best  of  my  knowledge  and  belief  the 
persons  so  signing  were  at  the  time  of 
signing  said  petition  qualified  voters  of 
said  city  (or  village) ,  and  that  their  respec¬ 
tive  residences  are  correctly  stated  as 
above  set  forth. 

Subscribed  and  sworn  to  before  me  this 

. day  of . A.  D.  19 .  .  . 

(Seal,  if  officer  has  one.) 

(Official  Charter  [Character].) 
5 


Such  petitions  shall  consist  of  sheets  of 
uniform  size,  and  the  heading  of  each 
vsheet  shall  be  the  same. 

Such  petition  shall  be  signed  by  qualified 
electors  of  such  city  or  village  in  their  own 
proper  persons  only,  and  opposite  the 
signature  of  each  signer,  his  residence 
address  shall  be  written  (and  if  a  resident 
of  a  city  or  village  having  a  population  of 
over  10,000  by  the  last  preceding  Federal 
or  State  census,  the  street  and  number  of 
such  residence  shall  be  given) . , 

At  the  bottom  of  each  sheet  of  such 
petition  shall  be  added  a  statement, 
signed  by  an  adult  resident  of  the  city 
or  village,  stating  his  residence,  (and 
if  a  resident  of  a  city  or  village  having 
a  population  as  aforesaid,  also  stating  the 
street  and  number  of  such  residence) , 
certifying  that  the  signatures  on  that 
sheet  of  said  petition  were  signed  in  his 
presence  and  are  genuine,  and  that  to  the 
best  of  his  knowledge  and  belief  the 
persons  so  signing  were,  at  the  time  of 
signing,  qualified  voters  of  said  city  or 
village.  Such  statement  shall  be  sworn  to 
before  some  officer  of  the  county  in  which 
such  city  or  village  is  located,  authorized 
to  administer  oaths  therein. 

Such  sheets,  before  being  filed,  shall  be 
neatly  fastened  together  by  placing  the 
sheets  in  a  pile  and  fastening  them  to¬ 
gether  at  the  upper  edge  in  a  secure  and 
suitable  manner,  and  the  sheets  shall  then 
be  numbered  consecutively. 

§  4.  Notice  of  election  at  which 

PROPOSITION  TO  BE  SUBMITTED — ADOP¬ 
TION — PROCLAMATION.]  The  judge  of  such 
County  Court  shall  give  at  least  ten 
days’  notice  of  the  election  at  which  such 
proposition  is  to  be  submitted  by  publish¬ 
ing  such  notice  in  one  or  more  daily  news- 


6 


papers  published  within  such  city  or 
village  for  at  least  five  times,  the  first 
publication  to  be  at  least  ten  days  before 
the  day  of  election,  and  if  no  daily  news¬ 
paper  is  published  in  such  city  or  village, 
then  by  posting  at  least  five  copies  of 
such  notice  in  each  ward  of  .such  city  or 
in  such  village  at  least  ten  days  before 
such  election.  Such  election  shall  be 
held  under  the  election  law  in  force  in  such 
city  or  village,  except  as  herein  otherwise 
provided. 

The  proposition  so  to  be  voted  upon 
shall  appear  in  plain,  prominent  type,  on 
a  separate  and  distinct  ballot,  and  the 
names  of  no  candidates  for  any  office  or 
offices,  nor  any  other  proposition  shall 
appear  thereon,  and  such  ballot  and  the 
manner  of  voting  the  same  shall  comply 
as  near  as  may  be  with  section  16  of  an 
Act  entitled,  “An  Act  to  provide  for  the 
printing  and  distribution  of  ballots  at 
public  expense  and  for  the  nomination  of 
candidates  for  public  offices,  to  regulate 
the  manner  of  holding  elections,  and  to 
enforce  the  secrecy  of  the  ballot,  approved 
June  22,  1891,  in  force  July  1,  1891,  and 
all  amendments  thereto." 

If  a  majority  of  the  votes  cast  upon  such 
proposition  shall  be  in  favor  of  and  for 
the  adoption  of  such  proposition,  the 
provisions  of  this  Act  shall  thereby  be 
adopted  by  such  city  or  village,  and  the 
mayor  or  president  of  the  board  of  trustees 
shall  thereupon  immediately  issue  a 
proclamation  declaring  this  Act  in  force 
in  said  city  or  village,  and  thenceforth 
this  Act  shall  be  in  full  force  and  effect 
therein. 

§  5.  Canvass  of  votes  certified — 
RECORD.]  A  certified  copy  of  the  canvass 
of  the  votes  of  the  election  on  such 


7 


proposition,  made  by  the  proper  officers, 
shall  be  transmitted  to  the  city  or  village 
clerk  of  such  city  or  village,  and  to  the 
clerk  of  the  County  Court,  and  by  each 
transcribed  upon  the  records  of  their 
respective  offices  in  full. 

§  6.  Certificate  of  adoption  filed.] 
Immediately  after  such  proposition  is 
adopted,  the  mayor  or  president  of  the 
board  of  trustees  shall  transmit  to  the 
Secretary  of  State,  to  the  clerk  of  the 
County  Court  and  county  recorder  each 
a  certificate,  stating  that  such  proposition 
was  adopted,  who  shall  duly  file  the  same 
in  their  respective  offices  and  transcribe 
the  same  upon  the  records  thereof. 

§  7.  Failure  of  officers  to  perform 
DUTIES.]  The  failure  of  the  mayor  or 
president  of  the  board  of  trustees,  or 
any  of  said  officials,  to  perform  the  duties 
and  acts  imposed  upon  them  by  sections 
4,  5  and  6,  shall  not  invalidate  nor  prevent 
the  adoption  of  this  Act. 

§  8.  Judicial  notice  of  adoption.] 
All  courts  in  this  State  shall  take  judicial 
notice  of  the  adoption  of  this  Act  by  such 
cities  or  villages  as  adopt  the  same. 

§  9.  Election  of  officers.]  (a)  On 
the  third  Tuesday  in  April,  A.  D.  1911, 
next  after  the  adoption  of  such  propo¬ 
sition,  and  quadrennially  thereafter,  there 
shall  be  held  a  general  municipal  election, 
at  which  there  shall  be  elected  a  mayor 
and  four  commissioners  from  the  city  or 
village,  without  regard  to  wards. 

All  divisions  into  wards  of  such  munic¬ 
ipalities  as  adopt  this  Act  shall  be  dis¬ 
continued  and  said  officers  shall  be 
nominated  and  elected  at  large :  Pro¬ 
vided,  that  in  cities  which  include  wholly 
within  their  corporate  limits  a  town  or 
towns,  such  elections  shall  be  held  on  the 


first  Tuesday  in  April :  Provided,  however, 
that  the  term  of  office  of  all  regularly 
elected  municipal  officers  except  judicial 
officers  and  officers  of  courts  holding 
office  at  the  time  this  Act  is  adopted  by 
such  municipality  shall  be  and  the  same 
are  hereby  made  to  expire  with  the 
expiration  of  the  term  of  office  of  the 
then  mayor  or  president  of  the  board  of 
trustees  of  said  municipality:  Provided, 
further,  however,  that  if  on  the  same  day, 
this  Act  is  adopted  by  any  municipality, 
there  is  elected  a  mayor  or  president  of 
the  board  of  trustees  of  such  municipality, 
the  term  of  office  of  all  elective  officers  of 
such  municipality  elected  on  such  day,  or 
elected  thereafter  except  judicial  officers 
and  officers  of  courts  shall  be  and  the 
same  are  hereby  made  to  expire,  with  the 
expiration  of  the  term  of  office  of  such 
mayor  or  president  of  the  board  of  trustees 
elected  on  said  day. 

(b)  If  this  Act  is  adopted  by  any  such 
municipality,  on  or  after  the  said  third 
Tuesday  in  April,  A.  D.  1911,  or  in  cities 
which  include  whollv  within  their  cor- 
porate  limits  a  town  or  towns  on  or  after 
the  first  Tuesday  in  April,  A.  D.  1911, 
then  the  first  election  for  a  mayor  and 
four  commissioners  shall  be  held  on  the 
day  of  the  first  biennial  general  election 
provided  for  in  section  2,  Article  4,  of  an 
Act  entitled,  “An  Act  to  provide  for  the 
incorporation  of  cities  and  villages,’' 
approved  April  10,  1872,  in  force  July  1, 
1872,  and  all  Acts  amendatory  thereof, 
and  the  mayor  and  four  commissioners 
elected  thereat  shall  hold  their  respective 
offices  until  the  next  succeeding  quad¬ 
rennial  general  election  for  such  officers, 
thereafter.  [Amended  by  Act  approved 
May  12,  1911.  L.  1911,  p.  137. 


9 


§  10.  Term  of  officers.]  The  mayor 
and  commissioners  elected  under  section 
9  of  this  Act  shall  be  known  as  the  council 
and  shall  hold  their  respective  offices  until 
the  next  succeeding  quadrennial  general 
election  for  such  officers,  respectively,  or 
until  their  successors  are  elected  and 
qualified,  as  provided  in  this  Act.  [Amend¬ 
ed  by  Act  approved  May  12,  1911.  L. 
1911,  p.  138. 

§  11.  Vacancies  filled  by  appoint¬ 
ment.]  The  mayor  and  commissioners 
shall  hold  their  respective  offices  for  the 
term  of  four  years  or  until  their  successors 
are  elected  and  qualified,  except  as  other¬ 
wise  provided  in  this  Act.  If  any  vacancy 
occurs  in  any  such  offices,  the  remaining 
members  of  said  council  shall,  within  thirty 
days  after  such  vacancy  occurs,  appoint 
a  person  to  fill  such  vacancy  during  the 
balance  of  the  unexpired  term.  [Amended 
by  Act  approved  May  12,  1911.  L.  1911, 
p.  138. 

§  12.  Primary  elections.]  All  can¬ 
didates  to  be  voted  for  at  all  general 
municipal  elections  at  which  a  mayor 
and  four  commissioners  are  to  be  electe  d 
under  the  provisions  of  this  Act  shall  be 
nominated  by  a  primary  election  from 
the  city  or  village  at  large,  and  no  other 
names  shall  be  placed  upon  the  general 
ballot  at  the  general  municipal  election 
except  those  selected  in  the  manner 
hereinafter  prescribed.  The  primary  elec¬ 
tion  for  such  nominations  shall  be  held 
on  the  last  Tuesday  in  February  im¬ 
mediately  preceding  the  general  municipal 
election,  in  all  cities  or  villages  in  which 
the  general  municipal  election  under  this 
Act  is  held  on  the  first  Tuesday  in  April, 
and  on  the  second  Tuesday  in  March 
immediately  preceding  the  general  mu- 


10 


nicipal  election  in  all  cities  or  villages  in 
which  the  general  municipal  election  under 
this  Act  is  held  on  the  third  Tuesday  in 
April.  [Amended  by  Act  approved  May 
12,  1911.  L.  1911,  p.  f38. 

§  13.  Judges  and  clerks  of  primary 

- PLACE — HOURS  FOR  POLLS  TO  BE  OPEN.] 

The  judges  and  clerks  of  election  ap¬ 
pointed  in  accordance  with  the  election 
law  in  force  in  such  city  or  village  shall 
be  the  judges  and  clerks  of  the  primary 
election,  and  it  shall  be  held  at  the  same 
place,  and  the  polls  shall  be  opened  and 
closed  at  the  same  hours,  and  such  election 
shall  be  conducted  the  same  as  a  general 
municipal  election  is  conducted  under  the 
election  law  in  force  in  said  city  or  village , 
except  as  herein  otherwise  provided. 

All  election  laws  in  force  in  said  city 
or  village  shall  apply  to  and  govern  a 
primary  election  held  under  this  Act, 
except  as  herein  otherwise  provided. 

§  14.  Statement  of  candidacy — 

FORM — PETITION — FORM — FILING  OF  SAME 
—  PUBLICATION  OF  NAMES  —  BALLOTS  — 
PRINTING — FORM.]  Any  person  desiring  to 
become  a  candidate  for  mayor  or  com¬ 
missioner  shall,  not  less  than  fifteen  days 
nor  more  than  thirty  days  prior  to  such 
primary  election,  file  with  the  city  or 
village  clerk,  or,  in  those  cities  having  a 
board  of  election  commissioners,  with  the 
clerk  of  such  board,  a  statement  of  such 
candidacy  in  substantially  the  following 
form: 

State  of  Illinois 

County  of . 

I, . being  first  duly  sworn,  say 

that  I  reside  at  (here  give  number  and 

street)  . street,  in  the  city  (or 

village)  of  (here  name  of  city  of  village) 


11 


. ,  county  or  (here  name  county) 

. ,  State  of  Illinois,  that  I  am  a 

qualified  voter  therein,  that  I  am  a  can-  * 
didate  for  nomination  to  the  office  of 
(mayor  or  commissioner) ,  to  be  voted 
upon  at  the  primary  election  to  be  held 

on  the . Tuesday  of . 

. ,  A.  D.  19 ,  that  I  am  legally 

qualified  to  hold  such  office,  and  I  hereby 
request  that  my  name  be  printed  upon 
the  official  primary  ballot  for  nomination 
by  such  primary  election  for  such  office. 

(Signed) . 

Subscribed  and  sworn  to  (or  affirmed) 

before  me  by . on  this . 

. day  of . ,  A.  D.  19 ...  . 

(Signed) . 

(Official  character.) 

(Seal,  if  the  officer  has  one.) 

And  shall,  at  the  same  time,  file  there¬ 
with  the  petition  of  at  least  twenty-five 
qualified  voters  requesting  such  can¬ 
didacy. 

Such  petition  shall  substantially  be  in 
the  following  form : 

We,  the  undersigned,  duly  qualified 
electors  of  the  city  (or  village)  of  (city) 

or  village) .  and  residing  at  the 

places  set  opposite  our  respective  names 
hereto,  do  hereby  petition  that  the  name 

of  (name  of  candidate)  . be 

placed  upon  the  ballot  as  candidate  for 
nomination  for  the  office  of  (here  name 

office)  . ,  at  the  primary  election 

to  be  held  in  such  city  or  village  on  the 

.  Tuesday  of  . A.  D. 

19 .  We  further  state  that  we 

know  him  to  be  a  qualified  elector  of 
said  city  or  village  and  legally  qualified 
to  hold  such  office. 


12 


Names  of  Qualified: 

Electors  j  Number 

Street 

I,  . do  hereby  certify  and 

make  oath  (or  affirm)  that  I  am  upwards 
of  the  age  of  twenty-one  years,  that  I 
reside  at  number  (give  number  and  street, 

if  any)  .  street,  in  the  city  (or 

village)  of . of  the  county 

of . and  State  of  Illinois,  that 

the  signatures  on  this  sheet  were  signed 
in  my  presence,  and  are  genuine,  and  that 
to  the  best  of  my  knowledge  and  belief 
the  persons  so  signing  were,  at  the  time 
of  signing  said  petitions,  qualified  electors, 
and  that  their  respective  residences  are 
correctly  stated  as  above  set  forth. 

(Signed) . 

Subscribed  and  sworn  to  (or  affirmed) 

before  me  this . day  of . 

. A.  D.  19 _ 


(Official  Character.) 
(Seal,  if  officer  has  one.) 

Such  petitions  shall  consist  of  sheets 
of  uniform  size,  and  the  heading  of  each 
sheet  shall  be  the  same. 

Such  petitions  shall  be  signed  by 
qualified  electors,  in  their  own  proper 
persons  only,  and  opposite  the  signature 
of  each  signer,  his  residence  address  shall 
be  written  (and  if  a  resident  of  a  city  or 
village  having  a  population  of  over  10,000 
by  the  last  preceding  Federal  or  State 
census  the  street  and  number  of  such 
residence  shall  be  given).  At  the  bottom 
of  each  sheet  shall  be  added  a  statement, 


13 


signed  by  an  adult  resident  of  the  city  or 
village,  stating  his  residence  address  (and 
if  a  resident  of  a  city  or  village  having  a 
population  of  over  10,000  by  the  then 
last  preceding  Federal  or  State  census  the 
street  and  number  of  such  residence  shall 
be  given),  certifying  on  oath  or  affirma¬ 
tion  that  the  signatures  on  that  sheet  of 
said  petition  were  signed  in  his  presence 
and  are  genuine,  and  that  to  the  best  of 
his  knowledge^  and  belief  the  persons  so 
signing  were,  at  the  time  of  sign'ng  said 
petition,  qualified  electors  of  said  c'^ty  or 
village.  Said  statement  and  also  the 
statement  of  the  candidate  hereinbefore 
referred  to  shall  be  sworn  to  or  affirmed 
before  some  officer  of  the  county  in  which 
the  person  making  the  statement  resides, 
authorized  to  administer  oaths  therein. 

Such  sheets,  before  being  filed,  shall  be 
neatly  fastened  together  in  book  form, 
by  placing  the  sheets  in  a  pile,  and  fasten¬ 
ing  them  together  at  the  upper  edge,  in  a 
secure  and  suitable  manner,  and  the  sheets 
shall  then  be  numbered  consecutively. 
The  sheets  shall  not  be  fastened  by  pasting 
them  together  end  to  end,  so  as  to  form  a 
continuous  strip  or  roll.  Said  petition, 
when  filed,  shall  not  be  withdrawn  or 
added  to,  and  no  signature  shall  be 
revoked  except  by  revocation,  filed  in 
writing  with  the  clerk  or  other  proper 
officer  with  whom  the  petition  is  required 
to  be  filed,  and  before  the  filing  of  such 
,  petition. 

Immediately  upon  the  expiration  of 
the  time  of  filing  the  statements  and 
petitions  for  candidates,  the  said  city  or 
village  clerk  or  board  of  election  commis¬ 
sioners,  as  the  case  may  be,  shall  cause  to 
be  published,  for  three  consecutive  days  in 
all  the  daily  papers  published  in  said  city, 


14 


in  proper  form,  the  names  of  the  persons 
as  they  are  to  appear  upon  the  primary 
ballots,  and  if  there  be  no  daily  news¬ 
papers,  then  in  two  issues  of  any  other 
newspapers  published  in  said  city  or 
village,  and  if  there  be  no  newspaper 
published  in  said  city  or  village,  then  in 
the  nearest  newspaper  published  in  the 
county  in  which  such  city  or  village  is 
located,  or  if  there  be  no  newspaper 
published  in  said  county,  then  in  the 
nearest  newspaper  published  in  the  State, 
and  the  clerk  shall  thereupon  cause  the 
primary  ballots  to  be  printed  in  the  same 
manner  and  in  the  same  number  and 
within  the  same  time  as  ballots  are 
printed  under  the  election  law  in  force 
in  such  city  or  village  for  general  mu¬ 
nicipal  elections,  except  as  herein  other¬ 
wise  provided.  vSaid  ballots  shall  be 
authenticated  with  the  fac- simile  of  the 
clerk’s  signature  on  the  back  thereof. 
Upon  said  ballots  the  names  of  the 
candidates  for  mayor,  arranged  alpha¬ 
betically,  shall  first  be  placed,  with  a 
square  at  the  left  of  each  name,  and 
and  immediately  above  the  names  and 
immediately  following  the  name  of  the 
office,  the  words,  “Vote  for  one.”  Follow¬ 
ing  these  names  likewise  arranged  in 
alphabetical  order,  shall  appear  the  names 
of  the  candidates  for  commissioners  with 
a  square  at  the  left  of  each  name  and 
immediately  above  the  names  of  such 
candidates,  and  immediately  following 
the  name  of  the  office,  shall  appear  the 
words  “Vote  for  four.”  The  ballots  shall 
be  printed  upon  plain,  substantial,  white 
paper,  and  shall  comply  with  the  election 
laws  in  force  in  such  city  or  village, 
except  as  herein  otherwise  provided,  and 
shall  be  headed: 


15 


CANDIDATES  FOR  NOMINATION 
FOR  MAYOR  AND  COMMISSIONERS 
OF  THE  CITY  (OR  VILLAGE)  OF 

. AT  THE  PRIMARY 

ELECTION. 

But  shall  have  no  party,  platform  or 
principle  designated,  or  appellation  or 
mark  whatever,  nor  shall  any  circle  be 
printed  at  the  head  of  the  ballot.  The 
ballot  shall  be  in  substantially  the  follow¬ 
ing  form: 

OFFICIAL  PRIMARY  BALLOT. 

CANDIDATES  FOR  NOMINATION 
FOR  MAYOR  AND  COMMISSIONERS 
OF  THE  CITY  (OR  VILLAGE)  OF 

. AT  THE  PRIMARY 

ELECTION. 


FOR  MAYOR. 

(Vote  for  one.) 

□  JOHN  JONES 

□  JAMES  SMITH. 

□  HENRY  WHITE. 

□  RALPH  WILSON. 

FOR  COMMISSIONERS. 

(Vote  for  four.) 

□  WILLIAM  BURKE. 

□  GEORGE  MILLER. 

□  THOMAS  WILLIAMS. 

□  EDWARD  STUART. 

□  ROBERT  BUCK. 

□  HARRY  BROWN. 

□  JOSEPH  TROUT. 

□  ARTHUR  ROBBINS. 

Such  ballot  shall  be  authenticated  and 
attested  on  the  back  thereof  in  the  same 
manner  and  form  as  provided  by  the 
election  law  in  force  in  said  city  or  village. 

The  law  governing  such  primary  elec¬ 
tion  shall  be  the  election  law  in  force 

16 


in  such  city  or  village  for  the  general  or 
special  municipal  elections,  except  as 
herein  otherwise  provided. 

§  15.  Qualifications  of  voters  at 
PRIMARY  REGISTRATION.]  (a)  The  persons 
who  are  qualified  to  vote  at  a  general 
municipal  election  shall  be  qualified  to 
vote  at  such  primary  election,  and  in  all 
cases  where  registration  is  required  as  a 
condition  precedent  to  voting  at  regular 
elections,  only  registered  voters  shall  be 
entitled  to  vote  at  such  primary. 

(b)  For  such  primary  election  there  shall 
be  a  general  registration,  intermediate 
registration  or  revision  of  the  registry,  as 
the  case  may  be,  in  accordance  with  the 
election  law  in  force  in  such  city  or  village, 
the  same  as  if  such  primary  election  was 
a  general  municipal  election,  and  for  the 
purposes  and  requirements  of  registration, 
such  primary  election  shall  be  considered 
a  general  municipal  election. 

(c)  In  all  special  elections  and  special 
primary  elections  held  under  this  Act,  if 
the  election  law  in  force  in  such  city  or 
village,  in  regard  to  special  elections,  shall 
require  general  registration,  intermediate 
registration,  or  revision  of  the  registry, 
as  the  case  may  be,  for  such  special 
elections,  the  same  shall  thereupon  be  had, 
and  if  the  election  law  in  force  in  such 
city  or  village  requires  registration  as  a  con¬ 
dition  precedent  to  voting  at  such  special 
elections,  and  general  registration,  inter- 

.  mediate  registration  or  revision  of  registry, 
as  above  provided,  is  had  for  such  special 
elections,  only  registered  voters  shall  be 
allowed  to  vote:  Provided,  however,  that 
if  such  election  law  requires  registration 
as  a  condition  precedent  to  voting  at 
such  special  elections,  and  no  general 
registration,  intermediate  registration  or 

17 


revision  of  registry  is  had  for  such  special 
election,  so  as  to  give  all  legal  voters  who 
are  not  registered  an  opportunity  to 
register,  then  such  legal  voters  who  are 
not  registered  may  vote  upon  filing  the 
affidavits  as  provided  in  subdivision  d  of 
this  section. 

(d)  If  the  election  law  in  force  in  such 
city  or  village  in  regard  to  special  elections 
does  not  require  general  registration, 
intermediate  registration  or  revision  of 
the  registry,  the  same  shall  not  be  re¬ 
quired:  Provided,  however,  the  books  of 
registry  of  the  last  general  registration, 
intermediate  registration  or  revision  of 
registry,  as  the  case  may  be,  shall  be  used 
at  such  special  elections,  and  no  vote 
shall  be  received  at  any  such  special 
election,  if  the  name  of  the  person  offering 
to  vote  shall  not  be  on  said  books  of 
registry,  unless  the  person  offering  to  vote 
shall  furnish  to  the  judges  of  election  his 
affidavit  in  writing,  stating  therein  his 
residence,  with  street  and  number  (if 
any),  age,  nativity,  length  of  residence 
in  the  State,  county  and  district,  and  that 
he  is  an  inhabitant  of  the  district  and 
entitled  to  vote  therein  at  such  special 
election,  and  proves  by  the  written  oath 
of  a  householder  and  registered  voter 
of  the  district  in  which  he  offers  to  vote, 
that  he  knows  such  person  to  be  an 
inhabitant  of  said  district  (and  if  a  city 
or  village  having  street  and  numbers) 
giving  the  street  and  number  of  such 
person  within  said  district,  and  that  he  is 
entitled  to  vote  at  said  election,  the  intent 
of  this  subdivision  d  being  that  no  legal 
voter,  where  registration  is  not  required  as 
above,  shall  be  deprived  of  his  vote  by 
reason  of  his  name  not  being  on  the 
books  of  registry. 


18 


§  16.  Who  shall  be  candidates.]  The 
two  candidates  receiving  the  highest 
number  of  votes  for  mayor  shall  be  the 
candidates  and  the  only  candidates  whose 
names  shall  be  placed  upon  the  ballot 
for  mayor  at  the  next  succeeding  general 
or  special  municipal  election,  and  the  eight 
candidates  receiving  the  highest  number 
of  votes  for  commissioners,  or  ah  such 
candidates,  if  less  then  eight,  shall  be 
the  candidates  and  the  only  candidates 
whose  names  shall  be  placed  upon  the 
ballot  for  commissioners  at  such  muni¬ 
cipal  election :  Provided.,  that  nothing 
contained  in  this  Act  shall  be  construed  as 
preventing  an  elector,  either  at  the 
primary  election  or  general  or  special 
municipal  election,  held  under  this  Act, 
from  writing  in  the  names  of  the  candidate 
or  candidates  of  his  choice  in  a  blank 
space  on  said  ticket,  and  making  a  cross 
opposite  thereto  in  accordance  with  the 
election  law  in  force  in  said  city  or  village. 

§  17  Where  more  than  number  have 

THE  HIGHEST  AND  EQUAL  NUMBER  OF 
VOTES.]  If,  upon  the  canvass  of  the 
returns  of  said  primary  election  by  the 
canvassing  board,  it  shall  appear  that 
more  than  the  number  of  persons  to  be 
nominated  for  the  office  of  mayor  or  of 
commissioners  have  the  highest  and  an 
equal  number  of  votes  for  the  nomination 
for  the  same  office,  the  said  canvassing 
board  shall  decide  by  lot  which  of  such 
persons  shall  be  nominated.  In  such  case 
such  canvassing  board  shall  issue  notice  in 
writing  to  such  person  or  persons  of  such 
vote,  stating  therein  the  place,  the  day 
(which  shall  not  be  more  than  five  (5) 
days  thereafter),  and  the  hour  when  such 
nomination  shall  be  so  determined. 

§  18.  Any  candidate  whose  name  ap- 


19 


pears  upon  the  primary  ballot  at  any 
primary  election  held  under  this  Act 
may  contest  the  election  of  the  candidate 
or  candidates  nominated  upon  the  face 
of  the  returns,  which  contest  and  the 
mode  of  procedure  therein  shall  be  as 
follows : 

(a)  Authority  and  jurisdiction  are 
hereby  vested  in  the  County  Court  or 
in  the  judge  thereof  in  vacation,  or  in 
the  Circuit  Court  or  in  the  judge  or 
judges  thereof  in  vacation,  to  hear  and 
determine  primary  contests.  Where  a 
petition  to  contest  a  primar}^  shall  be 
filed  in  the  office  of  the  clerk  of  the  court 
said  petition  shall  forthwith  be  presented 
to  the  judge  thereof,  who  .shall  note 
thereon  the  day  presented,  and  shall  also 
note  thereon  the  day  when  he  will  hear 
the  same,  which  shall  not  be  more  than 
five  (5)  days  thereafter,  and  shall  order 
issuance  of  summons  to  each  defendant 
named  in  the  petition. 

(b)  Summons  shall  forthwith  issue  to 
each  defendant  named  in  the  petition 
and  shall  be  served  in  the  same  manner 
as  is  provided  in  cases  in  chancery.  The 
case  may  be  heard  and  determined  by  the 
County  or  Circuit  Court  in  term  time, 
or  by  judge  or  judges  thereof  in  vacation, 
at  any  time  not  less  than  three  days 
after  service  of  process,  and  shall  have 
preference  in  the  order  of  hearing  to  all 
other  cases.  The  petitioner  shall  give 
security  for  costs. 

(c)  If,  in  the  opinion  of  the  court,  or 
the  judge  thereof,  in  which  the  petition 
is  filed,  the  grounds  for  contest  alleged  are 
sufficient  in  law,  the  court  shall  proceed 
in  a  summary  manner  and  may  hear 
evidence,  examine  the  returns,  recount 
the  ballots,  and  make  such  orders  and 


20 


enter  such  judgments  as  justice  may 
require.  The  court  shall  ascertain  and 
declare  by  a  decree,  as  in  chancery,  to  be 
entered  of  record  in  the  proper  court,  the 
result  of  such  election  in  the  city  or  village 
for  which  the  contest  is  made.  The 
judgment  or  decree  of  the  trial  court  shall 
be  final.  A  certified  copy  of  such  decree 
shall  forthwith  be  made  by  the  clerk  of 
the  court  and  transmitted  to  the  city  or 
village  clerk  or  clerk  of  the  board  of 
election  commissioners,  as  the  case  may 
be,  at  least  three  days  before  election,  who 
shall  in  such  case  be  governed  accordingly. 

(d)  If  the  candidate  nominated  at  such 
primary  should  die  or  withdraw  before 
the  general  municipal  election,  the  vacancy 
caused  thereby  shall  be  filled  by  the 
placing  of  the  name  of  the  candidate,  if 
for  the  office  of  mayor,  receiving  the 
third  highest  number  of  votes,  and  if  for 
the  office  of  commissioner,  the  candidate 
receiving  the  ninth  highest  number  of 
votes  at  such  primary,  and  so  on  in  case 

'  of  the  death  or  withdrawal  of  more  than 
one  candidate. 

(e)  All  general  and  special  municipal 
elections  in  said  city  or  village  shall  be 
held,  conducted  and  contested  under  the 
election  law  in  force  in  such  city  or  village, 
except  that  the  contest  of  the  election  of 
mayor  and  commissioners  shall  be  had, 
prosecuted  and  conducted  in  the  County 
or  Circuit  Court.  The  council  hereunder 
shall  not  be^the  judge  of  the  election  and 
qualification  of  its  members."  [Amended 
by  Act  approved  June  11,  1917. 

§  19.  Ballots  —  form — sample  bal¬ 
lots.]  Upon  the  ballots  for  the  general 
or  special  municipal  election  the  names  of 
the  candidates  for  mayor  nominated  at 
such  primary  election,  arranged  alpha- 


21 


betically,  shall  first  be  placed  with  a 
square  to  the  left  of  each  name,  and 
immediately  above  the  names  and  follow¬ 
ing  the  name  of  the  office,  the  words, 
^‘Vote  for  one”  shall  be  placed. 

Following  such  names,  likewise  arranged 
in  alphabetical  order,  shall  appear  the 
names  of  the  candidates  for  commissioners, 
norninated  at  such  primary  election,  with 
a  square  to  the  left  of  each  name,  and 
above  the  name  of  such  candidates  and 
immediately  following  the  name  of  the 
office,  shall  appear  the  words,  “Vote  for 
four.” 

The  said  ballots  shall  be  printed  upon 
plain,  substantial,  white  paper,  and  shall 
comply  with  the  election  laws  in  force 
in  such  city  or  village,  except  as  herein 
otherwise  provided,  and  shall  be  headed: 
CANDIDATES  FOR  THE  ELECTION 
FOR  MAYOR  AND  COMMISSIONERS 
OF  THE  CITY  (OR  VILLAGE)  OF 

. AT  THE  GENERAL  (OR 

SPECIAL)  MUNICIPAL  ELECTION, 
but  such  ballots  shall  have  no  party, 
platform  or’  principle,  designation,  or 
appellation  or  marks  whatever,  nor  shall  . 
any  circle  be  printed  thereon  at  the  head 
of  the  ballot.  The  ballots  shall  be  in 
substantially  the  following  form: 

OFFICIAL  BALLOT. 

CANDIDATES  FOR  THE  ELECTION 
FOR  MAYOR  AND  COMMISSIONERS 
OF  THE  CITY  (OR  VILLAGE)  OR 

. . AT  THE  GENERAL  (OR 

SPECIAL)  MUNICIPAL  ELECTION. 

FOR  MAYOR. 

(Vote  for  one.) 

□  JOHN  JONES. 

□  JAMES  SMITH. 


22 


FOR  COMMISSIONERS. 

(Vote  for  four.) 

□  WILLIAM  BURKE. 

n  GEORGE  MILLER. 

□  THOMAS  WILLIAMS. 

□  EDWARD  STUART. 

□  ROBERT  BUCK. 

□  HARRY  BROWN. 

□  •  JOSEPH  TROUT. 

□  ARTHUR  ROBBINS. 

Such  ballots  shall  be  authenticated  and 
attested  on  the  back  thereof  in  the  same 
manner  and  form  as  provided  by  the 
election  law  in  force  in  such  city  or  village. 

Sample  ballots  shall  also  be  printed 
and  supplied  in  accordance  with  the 
election  law  in  force  in  such  city  or 
village. 

PENALTIES  FOR  ELECTION  FRAUDS. 

§  20.  Penalties  FOR  ELECTION  fr.a.uds.] 
Any  person  who  shall  agree  to  perform 
any  service  in  the  interest  of  any  can¬ 
didate  for  any  nomination  or  election  for 
any  officer  provided  in  this  Act,  in  con¬ 
sideration  of  any  money  or  other  valuable 
thing,  or  for  the  ‘Treats,”  or  for  any 
appointment  to  any  office  or  employment 
under  such  city  or  village,  for  such  service 
performed  in  the  interest  of  any  such 
candidate,  or  any  candidate  who  shall 
make  a  promise  of  money  or  other 
valuable  thing,  or  to  appoint  any  person 
to  an  office  in  the  event  of  the  nomination 
or  election  of  such  candidate  in  considera¬ 
tion  •  of  such  person  performing  any 
service  in  the  interest  of  said  candidate, 
upon  conviction  thereof,  shall  be  punished 
by  a  fine  not  exceeding  three  hundred 
dollars  ($300)  or  be  imprisoned  in  the 
county  jail  not  exceeding  thirty  (30)  days, 
or  both,  in  the  discretion  of  the  court. 


23 


§  21.  Penalties  for  bribery.]  Any 
person  offering  to  give  a  bribe,  either  in 
money  or  other  consideration,  or  in  the 
form  of  treating,  or  by  agreement  to 
appoint  to  any  office  or  employment  under 
such  city  or  village  to  any  elector  for  the 
purpose  of  influencing  his  vote  at  any 
election  provided  for  in  this  Act,  or  any 
elector  entitled  to  vote  at  any  such 
election  requesting,  receiving  or  accepting 
such  bribe,  money,  other  consideration  or 
treats,  or  agreeing  to  vote  or  support  any 
candidate  in  consideration  that  he  be 
appointed  to  an  office  or  employment 
under  sueh  city,  shall  be  deemed  guilty 
of  a  misdemeanor  and,  upon  eonvietion, 
shall  be  fined  a  sum  not  less  than  one 
hundred  dollars  ($100)  nor  more  than 
five  hundred  dollars  ($500)  or  be  im¬ 
prisoned  in  the  eounty  jail  not  less  than 
ten  nor  more  than  ninety  days,  or  both, 
in  the  diseretion  of  the  eourt. 

§  22.  Council  —  quorum  —  voting — 
MAYOR  TO  preside.]  Every  sueh  eity  or 
village  shall  be  governed  by  a  eouneil, 
consisting  of  the  mayor  and  four  eom- 
missioners,  as  provided  in  this  Aet,  eaeh 
of  whom  shall  have  the  right  to  vote  on 
all  questions  eoming  before  the  eouneil. 
Three  members  of  the  council  shall  con¬ 
stitute  a  quorum,  and  the  affirmative  vote 
of  three  members  shah  be  neeessary  to 
adopt  any  motion,  resolution  or  ordinance, 
or  pass  any  measure,  unless  a  greater 
number  is  provided  for  by  this  Aet. 

Upon  every  vote  the  “yeas”  and  “nays” 
shall  be  called  and  reeorded,  and  every 
motion,  resolution  or  ordinanee  shall  be 
reduced  to  writing  and  read  before  a  vote 
is  taken  thereon,  and  all  the  eommission- 
ers,  ineluding  the  mayor,  present  at  any 
meeting  shall  vote  thereon. 


24 


The  mayor  shall  preside  at  all  meetings 
of  the  council.  He  shall  have  no  power  to 
veto  any  measure,  motion,  resolution  or 
ordinance,  but  every  resolution,  ordinance, 
measure  or  warrant  adopted,  passed  or 
ordered  by  the  council  must  be  signed  by 
the  mayor,  or  by  two  commissioners,  and 
all  ordinances  and  resolutions  recorded, 
before  the  same  shall  be  in  full  force. 
[Amended  by  Act  approved  June  25,  1917. 

§  23.  Council,  powers  and  duties— 
FIVE  DEPARTMENTS.]  The  council  shall 
have  and  possess,  and  the  council  and  its 
members  shall  exercise  all  executive  and 
legislative  powers  and  duties  now  had, 
possessed  and  exercised  by  the  mayor, 
city  council,  president  and  board  of 
trustees  of  villages,  board  of  library 
trustees,  city  clerk,  city  attorney,  city 
engineer,  city  treasurer,  city  comptroller 
and  all  other  executive,  legislative  and 
administrative  officers  in  cities  or  villages 
now  or  hereinafter  organized  and  incor¬ 
porated  under  the  general  incorporation 
law  of  the  State  of  Illinois  for  the  incor¬ 
poration  of  cities  and  villages,  and  the 
council  shall  have  and  possess,  and  the 
council  and  its  members  shall  exercise  all 
executive  and  legislative  powers  and 
duties  now  had,  possessed  and  exercised 
by  the  Board  of  Local  Improvements, 
provided  for,  in  and  by  an  Act  entitled, 
“An  Act  concerning  local  improvements,” 
approved  June  14,  1897,  in  force  July  1, 
1897,  and  all  Acts  amendatory  thereto 
and  in  all  such  cities  and  villages*  that 
shall  hereafter  adopt  this  Act,  or  that 
shall  have  heretofore  adopted  this  Act, 
in  enforcing  said  Act,  concerning  local 
improvements,  herein  set  out,  the  person 
who  spreads  assessments  shall  be  selected 
in  each  case  by  a  majority  vote  of  said 


25 


council  and  its  members,  and  all  local 
improvements,  contracts  and  bonds  or 
warrants  issued  in  pursuance  thereof,  or 
either  of  them,  may  and  shall  be  signed  by 
the  mayor  or  by  any  three  members  of 
the  council,  provided,  however,  that  nothing 
contained  in  this  Act  shall  in  any  way 
extend  or  pertain  to  or  affect  any  public 
school  in  operation  in  any  municipality 
which  may  adopt  this  Act,  anything  in 
this  present  Act  contained  to  the  contrary 
notwithstanding. 

The  executive  and  administrative 
powers,  authorit}^  and  duties  in  such  cities 
and  villages  shall  be  distributed  into  and 
among  five  departments,  as  follows: 

1.  Department  of  public  affairs. 

2.  Department  of  accounts  and  finances. 

3.  Department  of  public  health  and 
safety. 

4.  Department  of  streets  and  public 
improvements. 

5.  Department  of  public  property. 

The  council  shall,  by  ordinance,  de¬ 
termine  the  powers  and  duties  of,  and  to 
be  performed  by,  each  department  and 
assign  them  to  the  appropriate  depart¬ 
ments  ;  shall  prescribe  the  powers  and 
duties  of  officers  and  employees  and  may 
assign  employees  to  one  or  more  of  the 
departments;  may  require  an  officer  or 
employee  to  perform  duties  in  two  or  more 
departments,  and  may  make  such  other 
rules  and  regulations  as  may  be  necessary 
or  proper  for  the  efficient  and  economical 
conduct  of  the  business  of  the  city  or 
village.  [Amended  by  Act  approved  June 
25,  1917. 

§  24.  Heads  of  departments  and 
CITY  OFFICERS.]  The  mayor  shall  be 
commissioner  of  public  affairs  and  as  such 
be  superintendent  of  that  department. 


26 


and  the  council  shall,  at  the  first  regular 
meeting  after  election  of  its  members 
designate  by  a  majority  vote,  one  com¬ 
missioner  to  be  commissioner  of  accounts 
and  finances,  who  shall  be  superintendent 
of  that  department;  one  to  be  commis¬ 
sioner  of  public  health  and  safety,  who 
shall  be  superintendent  of  that  depart¬ 
ment;  one  to  be  commissioner  of  streets 
and  public  improvements,  who  shall  be 
superintendent  of  that  department,  and 
who  ex  officio  shall  be  commissioner  of 
public  works;  and  one  to  be  commissioner 
of  public  property,  and  as  such  to  be 
superintendent  of  that  department;  but 
such  designation  may  be  changed  by  the 
council  whenever  it  appears  that  the 
public  service  would  be  benefited  thereby. 
The  council  by  a  majority  vote  may,  in 
their  discretion,  at  such  first  meeting  or 
as  soon  as  practicable  thereafter,  elect,  by 
a  majority  vote,  the  following  officers: 
City  clerk,  corporation  counsel,  city 
attorney,  assistant  city  attorney,  city 
treasurer,  library  trustees,  and  the  nec¬ 
essary  officers  to  fill  the  offices  provided 
for  by  the  Local  Improvement  Act,  known 
as  “An  Act  concerning  local  improve¬ 
ments,"  approved  June  14,  1897,  in 

force  July  1,  1897:  Provided,  that  the 
commissioner  of  streets  and  public  im¬ 
provements  under  this  Act  shall  be  ex 
officio  the  commissioner  of  public  works 
and  a  member  of  the  board  of  local 
improvements  as  and  when  provided  for 
by  said  Act  concerning  local  improve¬ 
ments:  Provided,  further,  that  if  by 

ordinance  it  is  provided  that  [the]  super¬ 
intendent  of  streets  shall  be  appointed  by 
the  commissioner  of  streets  and  public 
improvements,  then  the  council  shall  have 
no  power  and  authority  to  appoint  the 


27 


superintendent  of  streets:  And,  provided, 
further,  that  where  by  law  it  is  provided 
that  the  superintendent  of  streets  shall 
be  a  member  of  the  board  of  local  im¬ 
provements,  the  fact  that  he  is  appointed 
by  the  commissioner  of  streets  and  public 
improvements  shall  not  bar  him  from 
membership  thereon.  [Amended  b}^  Act 
approved  May  12,  1911.  L.  1911. 

§  24a.  Libraries  —  establishment — 
MAINTENANCE.]  In  any  city,  town  or 
village  which  has  adopted,  or  may  here¬ 
after  adopt,  the  form  of  government 
prescribed  in  this  article,  any  public 
library,  or  libraries  for  such  city,  town  or 
village,  shall  be  established,  maintained 
and  conducted  in  all  respects  in  accord¬ 
ance  with  the  provisions  of  an  Act 
entitled  “An  Act  to  authorize  cities, 
incorporated  towns  and  townships  to 
establish  and  maintain  free  public  libraries 
and  reading  rooms,"  approved  and  in 
force  March  7,  1872,  as  the  same  has  been 
or  may  be  subsequently  amended.  [Added 
by  Act  filed  June  29,  1917. 

§  25.  Powers  of  council  to  create 

AND  DISCONTINUE  OTHER  OFFICES.]  The 
council  shall  have  the  power,  by  ordinance, 
from  time  to  time,  to  create,  fill  and  dis¬ 
continue  offices  and  employment  other 
than  herein  prescribed,  according  to  their 
judgment  of  the  needs  of  the  city  or 
village,  and  may,  by  majority  vote  of  all 
the  members,  remove  any  such  officer  or 
employee  appointed  by  them,  except  as 
otherwise  provided  for  in  this  Act,  and 
may,  by  resolution  or  otherwise,  prescribe, 
limit  or  change  the  compensation  of  all 
appointive  officers  or  employees. 

§  26.  Adoption  of  acts  as  to  civil 

SERVICE  AND  BOARD  OF  FIRE  AND  POLICE 

commissioners.]  (a)  In  all  cities  or 


28 


villages  which  have  heretofore  or  may 
hereafter  adopt  an  Act  entitled,  ‘‘An  Act 
to  regulate  the  civil  service  of  cities,” 
approved  and  in  force  March  20,  1895, 
all  officers,  assistants  and  employees,  of 
such  city  or  village,  except  those  named 
and  mentioned  in  sections  23,  24  and  27 
of  this  Act,  shall  be  appointed  and  dis¬ 
charged  only  in  accordance  with  and  in 
pursuance  of  the  provisions  of  said  civil 
service  Act:  Provided,  that  for  the 
purpose  of  the  performance  of  'the  duties 
imposed  upon,  and  the  exercise  of  the 
powers  and  authority  vested  in  a  head  of 
department  or  office,  by  virtue  of  said 
civil  service  Act,  the  commissioner  of 
each  respective  department  under  the 
commission  form  of  municipal  govern¬ 
ment  shall  be  considered  the  head  of 
department  or  office  under  said  civil 
service  Act. 

(b)  In  all  cities  or  villages  which  have 
heretofore  or  may  hereafter  adopt  an 
Act  entitled,  ‘‘An  Act  to  provide  for  the 
appointment  of  a  board  of  fire  and  police 
commissioners  in  all  cities  of  this  State 
having  a  population  of  not  less  than 
seven  thousand  nor  more  than  one 
hundred  thousand  and  prescribing  the 
powers  and  duties  of  such  board,”  ap¬ 
proved  and  in  force  April  2,  1903,  all 
officers  and  members  of  the  fire  and  police 
departments  of  any  such  city  or  village, 
including  the  chief  of  police  and  chief 
of  fire  department,  shall  be  appointed 
and  discharged  only  in  accordance  with 
and  in  pursuance  of  the  provisions  of  said 
board  of  fire  and  police  commissioners 
Act. 

(c)  Nothing  in  this  Act  contained 
shall  be  construed  to  prevent  any  city  or 
village  adopting  the  commission  form  of 


29 


municipal  government,  from  adopting 
“An  Act  to  regulate  the  civil  service  of 
cities,”  approved  and  in  force  March  20,' 
1895,  or  when  of  the  required  population, 
from  adopting  “An  Act  to  provide  for 
the  appointment  of  a  board  of  fire  and 
police  commissioners  in  all  cities  of  this 
State  having  a  population  .of  not  less  than 
seven  thousand  nor  more  than  one 
hundred  thousand  and  prescribing  the 
powers  and  duties  of  such  board,”  ap¬ 
proved  and  in  force  April  2,  1903. 

(d)  In  all  cities  and  villages  which 
have  heretofore  adopted  an  Act  entitled, 
“An  Act  to  provide  for  the  appointment 
of  a  board  of  fire  and  police  commissioners 
in  all  cities  having  a  population  of  not 
less  than  7,000  nor  more  than  200,000 
and  prescribing  the  powers  and  duties  of 
such  board,”  approved  and  in  force 
April  2,  1903,  and  which  have  also  here¬ 
tofore  adopted  this  Act,  said  Act  to 
provide  for  a  board  of  fire  and  police  com¬ 
missioners  shall  continue  in  full  force  and 
effect  in  said  city  or  village  in  like  manner 
as  said  Act  would  have  continued  in 
force  therein  if  this  Act  had  not  been 
adopted  therein.  Provided,  that  the  coun¬ 
cil  shall  have  the  rgiht,  power  and  author¬ 
ity  to  aopoint  and  discharge  the  board  of 
fire  and  police  commissioners.  [Amended 
by  Act  approved  June  28,  1919. 

§  27.  Appointment  and  discharge  of 

HEADS  OF  DEPARTMENT.]  The  COUncil 
shall  have  the  right,  power  and  authority 
to  appoint  and  discharge  the  heads  of 
all  principal  departments  subordinate  to 
the  departments  provided  for  in  section 
23  of  this  Act:  Provided,  that  by  ordi¬ 
nance  the  commissioner  of  each  respective 
department  may  be  vested  with  the  right, 
power  and  authority  to  appoint  and 


30 


discharge  the  heads  of  all  principal 
departments  subordinate  to  the  respec¬ 
tive  department  of  which  he  is  commis¬ 
sioner:  Provided,  however,  that  in  all 

cities  and  villages  adopting  an  Act 
entitled,  “An  Act  to  provide  for  the 
appointment  of  a  board  of  fire  and  police 
commissioners,  etc.,”  in  force  April  2, 
1903,  the  chief  of  police  and  chief  of  fire 
department  shall  be  appointed  and  dis¬ 
charged  only  as  provided  in  said  Act. 
[Amended  by  Act  of  May  12,  1911.  L. 
1911,  p.  140. 

§  28.  Appointment  and  discharge  of 

OFFICERS,  ASSISTANTS  AND  EMPLOYEES.] 

In  all  cities  or  villages  which  have  not 
heretofore  or  shall  not  hereafter  adopt  an 
Act  entitled,  “An  Act  to  regulate  the 
civil  service  of  cities,”  approved  and  in 
force  March  20,  1895,  all  officers,  assist¬ 
ants  and  employees  of  each  respective 
department  specified  in  section  23  of  this 
Act,  except  those  elected  or  appointed 
by  the  council,  by  virtue  of  sections  24 
and  27  of  his  Act,  shall  be  appointed  by 
the  commissioner  of  each  respective 
department  specified  in  section  23,  and 
may  be  discharged  by  him  when  in  his 
judgment  the  efficient  conduct  of  the 
city's  affairs  shall  demand  it:  Provided, 
however,  that  in  all  cities  and  villages 
which  have  not  heretofore  or  shall  not 
hereafter  adopt  an  Act  entitled,  “An 
Act  to  regulate  the  civil  service  of  cities,” 
approved  and  in  force  March  20,  1895, 
and  have  not  heretofore  or  shall  not 
hereafter  adopt  an  Act  entitled,  “An  Act 
to  provide  for  the  appointment  of  a  board 
of  fire  and  police  commissioners,  in  all 
cities  of  this  State  having  a  population  of 
not  less  than  seven  thousand  nor  more 
than  one  hundred  thousand  and  pre- 


31 


scribing  •  the  powers  and  duties  of  such 
board,”  approved  and  in  force  April  2, 
1903,  all  officers  and  members  of  the  fire 
and  pohce  departments,  except  those 
elected  or  appointed  by  the  council,  by 
virtue  of  sections  24  and  27  of  this  Act, 
shall  be  appointed  by  the  commissioner 
of  the  appropriate  department,  specified 
in  section  23  of  this  Act,  to  which  the 
powers  and  duties  of  and  to  be  performed 
by  the  fire  department  and  police  depart¬ 
ment  respectively  shall  be  assigned,  and 
may  be  discharged  by  him  when  in  his 
judgment  the  efficient  conduct  of  the  city’s 
affairs  shall  demand  it.  [Amended  by 
Act  of  May  12,  1911.  L.  1911.  • 

§  29.  Removals.]  Any  officer,  assist¬ 
ant,  or  employee  who  shall  have  been 
elected  or  appointed  by  the  council  in 
accordance  with  the  provisions  of  this 
Act  may  be  removed  from  office  at  any 
time  by  a  vote  of  a  majority  of  the  mem¬ 
bers  of  such  council,  except  as  otherwise 
provided  for  in  this  Act  or  by  law. 

§  30.  Salary  of  mayor  and  commis¬ 
sioners.]  The  mayor  and  each  of  the  ’ 
commissioners  shall  have  an  office  at  the 
municipal  building  or  rooms,  and  shall 
devote  such  time  to  the  duties  of  their 
respective  offices  as  a  faithful  discharge 
thereof  may  require:  Provided,  that  in 
cities  of  twenty  thousand  (20,000)  popula¬ 
tion  and  over  the  mayor  and  commis¬ 
sioners  shall  devote  at  least  six  hours 
daily  to  the  performance  of  their  official 
duties,  and  their  total  and  only  _  com¬ 
pensation  for  the  performance  of  their 
several  and  respective  duties  shall  be 
annual  salaries,  which  shall  be  fixed  by 
the  council  and  which  shall  not  exceed  as 
follows,  to- wit: 

Where  the  population  is  not  over 

32 


y 


\ 


2,000  the  annual  salary  of  the  mayor 
may  be  $50.00,  and  of  each  commis¬ 
sioner  $40.00. 

Where  the  population  is  over  2,000 
and  not  over  5,000,  the  annual  salary  of 
the  mayor  may  be  $250.00,  and  of  each 
commissioner  $100.00. 

Where  the  population  is  over  5,000  and 
not  over  10,000,  the  annual  salary  of  the 
mayor  may  be  $600.00,  and  of  each  com¬ 
missioner  $400.00. 

Where  the  population  is  over  10,000  and 
not  over  15,000,  the  annual  salary  of  the 
mayor  may  be  $1,200.00,  and  of  each 
commissioner  $900.00. 

Where  the  population  is  over  15,000 
and  not  over  20,000,  the  annual  salary 
of  the  mayor  may  be  $2,000.00,  and  of 
each  commissioner  $1,700.00 

Where  the  population  is  over  20,000 
not  over  30,000,  the  annual  salary  of 
mayor  may  be  $2,500.00,  and  of  each 

corn^issioner  $2,000.00. 

'y^'here  the  population  is  over  30,000 
and  over  40,000,  the  annual  salary  of 
the  rrl^yor  n^ay  be  $3,500.00,  and  of 
eaeh  $3,000.00. 

Where^  the  population  is  over  40,000 
and  not  oV^^  60,000,  the  annual  salary  of 
the  mayor  $4,000.00,  and  of  each 

commissioned'  $3>500.00. 

Where  th.^  population  is  over  60,01)0 
and  not  ovei^^^>^^^  annual  salary  o 
the  mayor  $4,500.00,  and  of  eac 

commissioii^$4, 000.00. 

Where  the-  population  is  over  80,000 
and  not  over  100,000,  the  annual  salary  of 
the  mayor  1-^®  $5,000.00,  and  o  eac 

commissi^i*er  $4,500.00.  innnnn 

'  -vvhere  the  population  is  over  100,00U 
and  not  over  200,000,  the  annual  salary  oi 


33 


/ 


the  mayor  may  be  $6,000.00,  and  of  each 
commissioner  $5,500.00. 

All  such  annual  salaries  shall  be  payable 
in  equal  monthly  installments,  and  where 
the  number  of  inhabitants  is  referred  to  in 
this  section,  it  shall  mean  the  number  of 
inhabitants  according  to  the  Federal, 
State,  city  or  village  census  last  pre¬ 
ceding  the  election  of  mayor  and  com¬ 
missioners.  [Amended  by  Act  of  April 
17,  1911.  L.  1911. 

§31.  Salary  of  other  officers,  as¬ 
sistants  OR  EMPLOYEES.]  All  Othei^^ 
officers,  assistants  or  employees  of  sucii  ^ 
city  or  village  shall  receive  such  salary 
or  compensation  as  the  council  thereof 
shall  by  ordinance  provide,  payable 
monthly  or  at  such  shorter  periods  as 
the  council  may  determine,  but  no  change 
shall  be  made  in  said  salaries  during  the  / 
six  months’  period  preceding  any  regul^' 
biennial  election.  r 


MEETINGS  AND  ORDINANCES 


§  32.  Regular  and  special  meeJ-jj^qs 

— MAYOR  TO  PRESIDE — COMMISSIOI^g^  OF 
ACCOUNTS  AND  FINANCE  VICE  P^siDENT 

^  r 


OF  COUNCIL.]  Regular  meetin.^'^  of 


council  shall  be  held  on  the  Mon- 
day  after  the  mayor  and  eOrnmissioners 
shall  have  entered  upon  .the  r»prfnrmnnrp 
of  their  respective  ofeial  duties  and 
thereafter  at  least  once  eacli  week  ’  The 
council  shall  provide  by  j^dinance  for 
e  ^  holding  of  regular  jj^^tings,  and 
special  meetings  may  be  ca;;^M  from  time 
o  time  by  the^  mayor  or  two  commis¬ 
sioners  upon  giving  not  less  t,han  twenty- 
our  hours  notice  to  all  meit^l^ers  of  the 
council:  Provided,  however,  thact-  jf  all 
members  of  the  council  are  present  at'^'**' 
such  special  meeting  no  notice  of  such 


34 


meeting  shall  be  necessary.  All  meetings 
of  the  council,  whether  regular  or  special, 
shall  be  open  to  the  public. 

The  mayor  shall  be  president  of  the 
council  and  preside  at  its  meetings,  and 
shall  supervise  all  departments  and  report 
to  the  council  for  its  action  all  matters 
requiring  attention  in  any  department. 
The  commissioner  of  accounts  and  finance 
shall  be  vice-president  of  the  council, 
and  in  case  of  vacancy  in  the  office  of 
mayor  or  the  absence  or  inability  of  the 
mayor,  shall  perform  the  duties  of  mayor. 

§  33.  What  ordinances  to  remain 

ON  FILE  FOR  PUBLIC  INSPECTION.]  Every 
ordinance  or  resolution  appropriating  any 
money  or  ordering  any  street  improve¬ 
ment  or  sewer,  or  making  or  authorizing 
the  making  of  any  contract  or  granting 
any  franchise,  right  or  license  to  occupy 
or  use  the  streets,  alleys,  highways, 
bridges,  viaducts,  public  property  or 
public  places  in  the  city  or  village  for  any 
1  purpose,  shall  remain  on  file  with  the  city 
or  village  clerk  for  public  inspection,  com- 
^^plete  in  form  in  which  it  is  finally  passed, 

week  before  the  final  passage 
thereof. 

APP  ^RANT  of  franchise,  etc. — 

ELECTORS.]  Every  grant  of 
irancHige,  right  or  license  to  occupy 
,\e  streets,  alleys,  highways, 
1  ges,  sub  viaducts,  public  prop- 

3  places  for  aerialway, 
ui UiT^an,  s-i Durban ,  subway,  elevated 
or  street  railways,  gas,  water  works, 
eJectric  lig  nt,  power  plants,  heating 
plants^  telegraphs,  telephone  systems  or 
public  service  utilities,  within  said 
>^city  or  village,  must  be  authorized  or 
approved  by  a  majority  of  the  electors 
voting  thereon,  at  a  general  or  special 


35 


election  as  provided  herein:  Provided, 
that  any  proposed  ordinance  granting  any 
such  franchise,  right  or  license  as  afore¬ 
said,  passed  by  the  council  in  pursuance 
of,  or  by  virtue  of  any  of  the  provisions 
of  section  .47,  must  be  authorized  or 
approved  by  a  majority  of  the  electors  of 
such  city  or  village  voting  thereon,  at  a 
general  or  special  election,  before  the 
vSame  shall  go  into  effect.  [Amended  by 
Act  of  May  12,  1911. 

§  35.  Ordinance  granting  franchise, 

ETC.;  SUBMITTED  TO  VOTE — SPECIAL  ELEC¬ 
TION — BALLOT.]  Upon  the  passage  of 

any  ordinance  or  ordinances  by  the 
council  granting  any  franchise,  right  or 
license  specified  in  section  34  of  this  Act, 
the  same  shall  forthwith  be  submitted  to  a 
vote  of  the  electors  of  said  city  or  village 
at  a  special  election  called  by  such  council 
for  such  purpose,  and  notice  of  which  shall 
be  given  in  the  same  manner  and  form 
and  within  the  same  time  by  the  same 
persons  as  notices  of  special  elections 
within  said  city  or  village  are  required  to 
be  given  under  the  election  law  in  forq; 
in  such  municipality,  except  as  oth^-^w 
provided  in  this  Act. 

The  ballots  used  when  voting 
ordinance  or  ordinances  sha'^^ 
these  words:  “Shall  the  city/ 

(name  of  city  or  village) . / 

ordinance  (stating  the  natu^^ 
posed*  ordinance)  ?  ’  ’ 

The  proposition  or  propositions  to  be 
voted  upon  shall  appear  in  plain,  prom¬ 
inent  type,  and  on  a  separate  and  distinct 
ballot,  and  the  names  of  no  candtd^^^ 
for  any  office  or  offices,  nor  any  otnS^ 
proposition  or  propositions  except  those 
authorized  under  this  Act,  shall  appear 


=se 


36 


thereon,  and  such  ballot  and  the  manner 
of  voting  the  same  shall  substantially 
comply  with  section  16,  and  all  amend¬ 
ments  thereto,  of  an  Act  entitled,  “An 
Act  to  provide  for  the  printing  and  dis¬ 
tribution  of  ballots  at  public  expense, 
and  for  the  nomination  of  candidates  for 
public  offices,  to  regulate  the  manner  of 
holding  elections  and  to  enforce  the 
secrecy  of  the  ballot,  approved  June  22, 
1891,  in  force  July  1,  1891:“  Provided, 
that  two  or  more  such  ordinances  specified 
in  section  34  may  be  submitted  at  the 
same  time  and  upon  the  same  ballot : 
Provided,  further,  that  any  one  or  more 
ordinances,  as  hereinafter  provided  for 
in  sections  47  and  48,  may  be  submitted 
at  such  election  upon  the  same  ballot, 
if  all  the  other  requirements  of  this  Act 
relative  to  such  proposed  ordinance  or 
ordinances  shall  have  been  complied 
with. 

The  style  of  all  ordinances  passed  by 
municipalities  adopting  this  Act  shall 
be:  “Be  it  ordained  by  the  council  of 
the  city  (or  village)  of . “ 

§  36.  When  special  election  not 
CALLED.]  No  special  election  shall  be 
called  for  the  approval  or  rejection  of 
any  ordinance  mentioned  in  sections  34 
and  35  if  a  general  municipal  election 
provided  for  by  law  occurs  within  ninety 
days  after  the  passage  thereof,  in  which 
case  such  ordinance  or  ordinances  shall 
be  submitted  to  a  vote  of  the  electors  of 
said  city  or  village,  at  such  general 
municipal  election  in  manner  and  form  as 
provided  herein. 

If  a  majority  of  the  qualified  electors 
either  at  a  general  or  special  election, 
voting  on  such  ordinance  or  ordinances 


respectively  shall  vote  in  favor  thereof, 
such  ordinance  or  ordinances  shall  there¬ 
upon  become  a  valid  and  binding  ordi¬ 
nance  of  the  municipality. 

OFFICERS  NOT  TO  BE  INTERESTED  IN  CITY 

CONTRACTS. 

§  37.  Officers  not  to  be  interested 

IN  CITY  CONTRACTS — NOR  RECEIVE  FREE 
TRANSPORTATION — PENALTY.]  No  mayor, 
commissioner,  officer,  assistant  or  em¬ 
ployee  elected  or  appointed  in  any  such 
city  or  village  shall  be  interested,  directly 
or  indirectly,  in  any  contract  or  job  for 
work  or  materials,  or  profits  thereof,  or 
services  to  be  furnished  or  performed  for 
the  city  or  village,  and  no  mayor,  com¬ 
missioner,  officer,  assistant  or  employee 
shall  be  interested,  directly  or  indirectly, 
in  any  contract  or  job  for  work  or  ma¬ 
terials,  or  the  profits  thereof,  or  services 
to  be  furnished  or  performed  for  any 
person,  firm  or  corporation,  operating 
aerial  way,  inter  urban,  suburban,  sub¬ 
way,  elevated  or  street  railways,  gas 
works,  water  works,  electric  light  plants, 
power  plants,  heating  plants,  telegraph  or 
telephone  lines,  systems  or  exchange,  or 
other  public  utility  wholly  or  partly  with¬ 
in  the  territorial  limits  of  said  city  or 
village.  No  mayor,  commissioner,  officer, 
assistant  or  employee  shall  request, 
accept  or  receive,  directly  or  indirectly, 
from  any  person,  firm  or  corporation 
owning,  operating  or  leasing  within  or 
partly  within  the  territorial  limits  of 
said  city  or  village  any  aerial  way,  in  ter  ur¬ 
ban  railway,  suburban  railway,  subway 
railway,  elevated  railway  or  street  railway, 
gas  works,  water  works,  electric  light 
plant,  power  plant,  heating  plant,  tele¬ 
graph  lines  or  systems,  telephone  lines, 


38  • 


system  or  exchange,  or  other  public 
service  utility  operating  under  any  grant 
or  franchise,  license  or  right,  or  from  any 
steamboat,  ship,  tug  or  ferry  line  leaving 
or  entering  or  operating  within  said  city 
or  village,  any  employment,  for  hire  or 
otherwise,  or  any  frank,  free  ticket,  pass, 
of  free  service  either  for  himself,  family, 
relatives,  or  any  other  person,  or  request, 
accept  or  receive,  directly  or  indirectly, 
from  any  such  person,  firm  or  corporation, 
any  other  service  upon  terms  more  favor¬ 
able  than  is  granted  to  the  public  generally. 

Any  violation  of  this  section  shall  be 
a  misdemeanor  and  punished  by  a  fine 
not  less  than  $100.00  nor  more  than 
$500.00,  and  shall  be  ground  for  removal 
from  office  or  employment. 

Such  prohibition  of  free  transportation 
shall  not  apply  to  policemen  or  firemen  in 
uniform,  nor  shall  any  free  service  to  city 
or  village  officials  or  employees  hereto¬ 
fore  provided  by  any  franchise  or  license 
be  affected  by  this  section. 

Any  officer  or  employee  of  such  city 
or  village  who  in  any  manner  contributes 
money,  labor  or  other  valuable  thing  to 
any  person  for  election  purposes  shall  be 
guilty  of  a  misdemeanor,  and  upon  con¬ 
viction  thereof,  shall  be  punished  by  a 
fine  not  exceeding  $300.00  or  by  imprison¬ 
ment  in  the  county  jail  not  exceeding 
thirty  days,  or  both,  at  the  discretion  of 
the  court. 

§  38.  Election  or  appointment  of 

OFFICERS — WHEN  DEEMED  GUILTY  OF  OF¬ 
FERING  BRIBE — PENALTY.]  All  officers, 
assistants  and  employees  in  any  such 
municipality  shall  be  elected  or  appointed 
in  accordance  with  this  Act  with  reference 
to  their  qualifications  and  fitness  and  for 
the  good  of  the  public  service,  and  without 


39 


reference  to  their  political  or  religious 
faith  or  party  affiliations. 

Any  candidate  for  any  office  authorized 
to  be  voted  for  under  this  Act,  who  shall, 
directly  or  indirectly,  enter  into  any 
understanding  or  agreement  to  do  or  not 
to  do  any  official  act  in  the  event  of  his 
election  to  the  benefit  or  advantage  of 
any  person,  firm,  corporation  or  associa¬ 
tion  in  consideration  for  the  influence, 
support  and  assistance  of  said  person, 
firm,  corporation  or  association  to  bring 
about  the  election  of  such  candidate, 
shall  be  deemed  to  be  guilty  of  giving,  or 
offering  to  give,  a  bribe,  and  if  conv^icted 
thereof  shall  be  punished  by  a  fine  of  not 
less  than  $100.00  nor  more  than  $500.00 
or  by  imprisonment  in  the  county  jail 
not  exceeding  thirty  days,  or  both,  in  the 
discretion  of  the  court,  and  if  elected  to 
office  he  shall  be  deemed  to  have  resigned 
such  office  by  reason  of  such  conviction. 
Nothing  herein  contained  shall  be  taken 
to  prevent  any  candidate  from  publicly 
outlining  his  position  or  pledging  his 
support  for,  or  opposition  to,  any  measure 
or  prospective  measure  of  a  public  nature. 

§  39.  Elective  officers  to  publish 

SWORN  STATEMENT  OF  ELECTION  EX¬ 
PENSES.]  Every  elective  officer,  elected 
by  the  electors  of  such  city  or  village, 
shall,  within  thirty  days  after  qualifying, 
file  with  the  city  or  village  clerk  and 
publish  at  least  once  in  a  daily  newspaper 
of  general  circulation,  or  if  there  is  no 
daily  newspaper  published  in  such  city 
or  village,  then  in  a  weekly  newspaper 
of  general  circulation  published  in  such 
city  or  village,  or  if  there  is  no  weekly 
newspaper  published  in  such  city  or 
village,  then  in  some  newspaper  of 
general  circulation  published  in  the  county 


40 


in  which  such  city  or  village  is  located, 
his  sworn  statement  of  all  his  election  and 
campaign  expenses  (including  primary 
election)  and  by  whom  such  funds  were 
contributed. 

Any  violation  of  the  provisions  of  this 
section  shall  constitute  a  misdemeanor 
and  be  punished  by  a  fine  not  exceeding 
$500.00  or  by  imprisonment  in  the  county 
jail  not  exceeding  three  months,  or  by 
both  such  fine  and  imprisonment,  in  the 
discretion  of  the  court,  and  shall  be  a 
ground  for  removal  from  office. 

FINANCES  AND  APPROPRIATIONS. 

§  40.  Council  to  print  itemized 

STATEMENT  OF  EXPENSE — BOOKS  AND 
ACCOUNTS  TO  BE  EXAMINED  AND  RESULT 
PUBLISHED.]  The  council  shall  each 
month  print  in  a  pamphlet  form,  a  de¬ 
tailed  itemized  statement  of  all  receipts 
and  expenses  of  the  city  or  village  and  a 
summary  of  its  proceedings  during  the 
preceding  month,  and  furnish  printed 
copies  thereof  to  the  State  library,  the 
city  library,  all  the  daily  and  weekly 
newspapers  of  general  circulation  of  the 
city  or  village,  and  to  persons  who  shall 
apply  therefor  at  the  office  of  the  city  or 
village  clerk,  except  that  in  cities,  villages 
or  towns  of  less  than  15,000  population  the 
council  shall  make  such  report  annually  in¬ 
stead  of  monthly .  At  the  end  of  each  year  in 
addition  to  the  duties  prescribed  in  section 
55  of  the  Act,  tne  council  shall  cause  a 
full  and  complete  examination  of  all 
books  and  accounts  of  the  city  or  village 
to  be  made  by  competent  accountants, 
and  shall  publish  the  result  of  such  exam¬ 
ination  in  the  manner  above  provided  for 
publication  of  statement  of  monthly 
expenditures. 

It  shall  be  unlawful  for  the  council  or 

41 


any  commissioner  to  directly  or  indirectly 
expend  a  greater  amount  for  any  municipal 
purpose  than  the  amount  appropriated  for 
such  municipal  purpose  in  the  annual 
appropriation  ordinance  passed  for  that 
fiscal  year.  A  violation  of  this  provision 
by  any  member  of  the  council  shall,  upon 
conviction  thereof,  subject  the  offender  to 
a  fine  of  not  less  than  $100.00  and  not  to 
exceed  $500.00.  [Amended  by  Act  ap¬ 
proved  June  27,  1923. 

§  41.  Council  may  revise  appropria¬ 
tion.]  If,  at  the  beginning  of  the  term  of 
office  of  the  first  council  elected  in  such 
city  or  village  under  the  provisions  of  this 
Act,  the  appropriation  •for  the  expendi¬ 
tures  of  the  city- or  village  government  for 
the  current  fiscal  year  have  been  made, 
said  council  shall  have  the  power  by 
ordinance  to  revise,  to  repeal  or  change 
said  appropriation  and  to  make  additional 
appropriations  in  the  manner  and  within 
the  time  provided  by  law. 

RECALL  OF  ELECTIVE  OFFICERS. 

§  42.  Recall  and  removal — proced¬ 
ure  TO  EFFECT  SAME.]  Every  incumbent 
or  an  elective  office,  except  a  judicial 
office  (officer)  and  officers  of  a  court, 
whether  elected  by  a  popular  vote  or 
appointed  to  fill  a  vacancy  is  subject  to 
recall  and  removal  at  any  time  by  the 
electors  qualified  to  vote  for  a  successor 
of  such  incumbent.  The  procedure  to 
effect  the  removal  of  an  incumbent  of 
such  office  shall  be  as  follows: 

(a)  A  petition  signed  by  electors  en¬ 
titled  to  vote  for  a  successor  to  the 
incumbent  sought  to  be  recalled  or  re¬ 
moved,  equal  in .  number  to  at  least 
fifty-five  per  centum  of  the  entire  vote 
for  all  candidates  for  the  office  of  mayor 
at  the  last  preceding  general  municipal 


42 


election  demanding  an  election  of  a 
successor  of  the  person  sought  to  be 
removed  or  recalled,  shall  be  filed  with 
the  city  or  village  clerk,  which  petition 
shall  contain  a  general  statement,  in  not 
more  than  two  hundred  words,  of  the 
ground  for  which  the  removal  or  recall  is 
sought :  Provided^  that  in  cities  and 
villages  having  a  board  of  election  com¬ 
missioners,  such  petition  shall  be  filed 
with  the  clerk  of  such  board. 

(b)  The  petition  shall  be  substantially 
in  the  following  form: 

To  the  clerk  of  (the  city  or  village) 
of .  or  (the  board  of  •  election  com¬ 

missioners  of  the  city  (or  village)  of 

. . . ). 

We,  the  undersigned  electors  of  the  city 
(or  village)  of  (name  of  city  or  village) 
entitled  to  vote  for  a  successor  to  (name 
of  person)  an  incumbent  of  the  office  of 
(name  of  office),  in  said  city  (or  village) 
do  hereby  demand  an  election  of  a  suc¬ 
cessor  to  said  (name  of  person)  for  the 
following  reasons,  to- wit:  (Here  state 
reasons  in  not  more  than  two  hundred 
words.) 


Names 

House 
Number 
(if  any) 

Street 

Date  of 
signing 

State  of  Illinois,  1 


ss. 

County  of . J 

I, . ,  do  hereby  certify  and 


make  oath  (or  affirm)  that  I  am  upwards 
of  the  age  of  -  twenty-one  years,  that  I 


43 


reside  at  number  .  street,  in  the 

city  (or  village)  of  . .  of  the 

county  of . and  State  of  Illinois, 

that  the  signatures  on  this  sheet  were 
signed  in  my  presence,  On  the  dates  set 
opposite  their  respective  names,  and  that 
the  same  are  genuine,  and  that  to  the 
best  of  my  knowledge  and  belief  the 
persons  so  signing  were  at  the  time  of 
signing  qualified  electors,  entitled  to 
vote  for  a  successor  of  (here  insert  the 
name  of  person  holding  office  and  also 

the  title  of  the  office)  . and 

that  their  respective  residences  are 
correctly  stated  as  above  set  forth,  and 
that  such  persons  were  at  the  time  of 
signing  said  sheet  duly  registered. 


Subscribed  and  sworn  (or  affirmed)  to 

before  me  this  .  day  of . 

A.  D.  19 . 


(Official  Character.) 
(Seal,  if  officer  has  one.) 

(c)  Such  petition  shall  consist  of 
sheets  having  such  form  printed  or 
written  at  the  top  thereof  and  shall  be 
signed  by  electors  qualified  to  vote  for 
such  successor,  in  their  own  proper 
person,  only,  and  opp'osite  the  signature 
of  each  petitioner  shall  be  written  by  such 
person  the  street  and  number  of  his 
residence  address  (if  there  be  such)  and 
the  date  of  signing  the  same.  No  sig¬ 
natures  shall  be  valid  or  be  counted  in 
considering  such  petition  unless  these 
requirements  are  complied  with  and 
unless  the  date  of  signing  is  less  than  four 
months  preceding  the  date  of  filing  such 
petition. 

At  the  bottom  of  each  sheet  shall  be 
added  a  statement,  signed  by  a  resident 


44 


of  the  city  or  village  in  which  the  signers 
thereof  reside,  with  his  residence  address 
as  aforesaid,  stating  that  the  signatures  on 
the  sheet  were  signed  in  his  presence,  on 
the  dates  set  opposite  the  respective 
names,  and  that  the  same  are  genuine 
and  to  the  best  of  his  knowledge  and 
belief  the  persons  so  signing  were  at  the 
time  of  signing  qualified  electors,  entitled 
to  vote  for  a  successor  of  the  incumbent 
sought  to  be  removed  or  recalled,  and  in 
cities  or  villages  in  which  voters  are  or 
may  be  required  to  be  registered,  that 
they  were  at  the  time  of  signing  said  sheet 
duly  registered,  and  that  their  respective 
residences  are  correctly  stated  as  set 
forth  on  such  sheet. 

Such  statement  shall  be  sworn  to  before 
an  officer  residing  in  the  count}^  in  which 
such  city  or  village  or  the  greater  part 
thereof  is  located,  who  is  qualified  to 
administer  oaths  therein.  Such  petition, 
so  verified,  or  a  copy  thereof  duly  certified 
by  the  proper  persons,  shall  be  prima 
facie  evidence  that  the  signatures,  state¬ 
ment  of  residence,  and  dates  upon  such 
petition  are  genuine  and  true  and  that  the 
persons  signing  the  same  are  electors 
qualified  to  vote  for  a  successor  of  such 
incumbent  and  in  cities  and  villages  in 
which  the  voters  are  or  may  be  required 
to  be  registered,  that  they  were  at  the 
time  of  the  signing  of  such  petition  duly 
registered  voters. 

(d)  Such  sheets  shall  be  fastened 
together  at  the  upper  edges  in  one  docu¬ 
ment  filed  as  a  whole  and  when  filed  shall 
not  be  withdrawn  or  added  to  or  altered 
in  any  manner  by  any  person.  No 
signature  shall  be  revoked  except  by 
revocation  filed  in  writing  with  the  clerk 
with  whom  the  petition  is  required  to  be 


45 


/ 


filed  and  before  the  of  such  petition. 
Upon  request  of  any  person,  the  clerk 
shall  furnish  a  certified  copy  of  such 
petition  and  names  thereto,  upon  the 
payment  by  such  person  to  the  clerk  of  a 
fee  of  one  dollar  for  each  100  names 
thereto. 

(e)  Whoever  in  making  the  sworn 
statement  above  prescribed  shall  know¬ 
ingly,  wilfully  and  corruptly  swear  falsely, 
shall  be  deemed  guilty  of  perjury  and  on 
conviction  thereof  shall  be  punished 
accordingly.  Whoever  forges  the  signa¬ 
tures  of  any  person  upon  any  petition  or 
statement,  or  residence,  street  or  number 
or  the  date  of  signing,  shall  be  deemed 
guilty  of  forgery  and  on  conviction  thereof, 
punished  accordingly. 

(f)  1.  All  objections  to  such  petition 
shall  be  filed  with  the  clerk  with  whom 
such  petition  is  filed,  within  five  days 
after  the  filing  of  the  same,  and  if  the 
objections  are  filed  against  such  petition 
as  aforesaid  then  at  the  expiration  of  such 
five  days  the  petition,  together  with  all 
objections  thereto,  shall  by  such  clerk  be 
immediately  filed  in  the  office  of  the  clerk 
of  the  County  or  Circuit  Court  of  the 
county  in  which  such  city  or  village  or 
the  greater  part  thereof  is  situated. 

2.  Authority  and  jurisdiction  are 
hereby  conferred  upon  and  vested  in  the 
County  Court  or  in  the  judge  thereof  in 
vacation,  or  in  the  Circuit  Court  or  the 
judge  or  judges  thereof  in  vacation,  to 
determine  in  a  summary  manner  the 
sufficiency  of  such  petition,  and  the 
decision,  decree  or  judgment  thereon  of 
any  such  court  or  judge  as  aforesaid 
shall  become  immediately  effective  and 
no  appeal  or  writ  of  error  shall  in  any 
manner  stay  or  prevent  the  immediate 


46 


operation  of  such  decision,  decree  or 
judgment. 

The  clerk  of  the  court  with  whom  such 
petition  and  objections  thereto  are  filed 
shall  immediately  upon  the  filing  of  the 
same  with  him,  forthwith  present  the 
same  to  the  judge  thereof,  who  shall  note 
thereon  the  day  presented,  and  shall  also 
note  thereon  the  day  when  he  will  hear 
the  same,  which  shall  not  be  less  than  five 
nor  more  than  ten  days  thereafter,  and 
shall  order  five  days’  notice  thereof  to  be 
given  by  publication  in  some  daily  secular 
newspaper  published  in  such  city  or 
village,  or  in  case  there  is  no  such  daily 
newspaper,  then  by  posting  written  or 
printed  notices  in  five  of  the  most  public 
places  in  said  city  or  village,  including  a 
notice  at  the  city  or  village  hall,  if  any 
there  be. 

3.  The  court  or  judge  shall  ascertain 
and  declare  by  a  decree,  as  in  chancery, 
to  be  entered  of  record  in  the  proper 
court  the  sufficiency  or  insufficiency  of 
such  petition,  and  the  clerk  of  the  court 
shall  immediately  upon  said  decree  being 
entered  transmit  to  the  clerk  with  whom 
the  petition  was  originally  filed  such 
petition  and  a  certified  copy  of  the  decree 
and  order  of  the  court  or  judge. 

(g)  If  no  objections  to  said  petition 
are  filed  within  five  days  as  provided 
in  sub-division  (f)  this  section,  or  if 
objections  are  filed  and  the  court  or 
judge  aforesaid  shall  decree  such  petition 
sufficient  then  immediately  after  the 
expiration  of  said  five  days,  or  im¬ 
mediately  after  the  receipt  by  the  clerk 
with  whom  the  petition  was  originally 
filed,  from  the  clerk  of  the  court,  of 
such  petition  and  the  certified  copy  of  the 
decree  declaring  the  same  sufficient,  as 


47 


the  case  may  be,  the  clerk  with  whom 
the  petition  was  originally  filed  shall 
submit  such  petition  to  the  council 
without  delay,  and  the  •  council  shall 
order  and  fix  the  date  for  holding  the 
said  election,  which  shall  not  be  less  than 
forty  days  nor  more  than  fifty  days  after 
the  said  petition  is  submitted  to  the 
council. 

Any  officer,  member  of  the  council, 
assistant  or  employee  who  shah  violate  or 
who  shall  wilfully  or  through  culpable 
negligence  fail  to  comply  with  any  of  the 
provisions  of  this  section  42,  shall  be 
subject  to  a  fine  of  not  more  than  $200.00 
or  imprisonment  in  the  county  jail  not 
exceeding  six  months,  or  both  such  fine 
and  imprisonment,  and  may  be  removed 
from  office. 

(h)  Such  election,  and  the  primary 
election  immediately  preceding  the  same, 
shall  be  considered  a  ‘special  election,  so 
far  as  registration  for  voters  and  revision 
of  registry  is  concerned,  but  notices  of 
and  arrangements  for  holding  such  election 
shall  be  the  same,  and  such  election  shall 
be  conducted,  returned  and  the  result 
thereof  declared,  in  all  respects  as  general 
municipal  elections  under  this  Act : 
Provided,  the  primary  election  for  nom¬ 
ination  of  a  candidate  shall  be  held  two 
weeks  preceding  such  election,  and  only 
one  candidate  for  each  officer  sought  to 
be  recalled  shall  be  nominated:  Provided, 
further,  that  section  18  of  this  Act  shall 
also  apply  to  special  primary  elections: 
And,  provided,  further,  the  statements  and 
petitions  of  candidates  may  be  filed  not 
less  than  seven  days  preceding  said 
primary  election.  [Amended  by  Act  of 
May  12,  1911. 


48 


§  43.  When  officers  sought  to  be 
RECALLED  RESIGNS.]  If  the  officer  sought 
to  be  recalled  or  removed,  shall  resign 
within  five  days  after  the  said  petition 
is  filed  with  the  clerk,  the  council  shall 
proceed  to  appoint  his  successor,  the 
same  as  in  the  case  of  other  vacancies, 
and  no  election  shall  be  held:  Provided, 
the  council  shall  have  no  power  to  appoint 
the  person  so  resigning:  And,  provided, 
further,  that  unless  such  officer  sought  to 
be  recalled  resigns  within  said  five  days 
said  recall  election  shall  proceed. 

§  44.  Name  of  person  sought  to  be 

RECALLED  PLACED  ON  BALLOT  WITHOUT 
NOMINATION — C  AN  DI  DATE  RECEIVING 
HIGHEST  NUMBER  OF  VOTES  NOMINATED 
TO  OPPOSE  PRESENT  INCUMBENT — SPECIAL 
ELECTION — WHEN  INCUMBENT  REMOVED.] 

The  successor  of  any  officer  so  removed 
or  resigning  shall  hold  office  during  the 
unexpired  term  of  his  predecessor.  Any 
person  sought  to  be  recalled  or  removed 
shall  be  a  candidate  to  succeed  himself, 
unless  he  shall  resign  as  aforesaid,  and 
his  name  shall  be  placed  on  the  official 
ballot  without  nomination. 

In  any  such  removal  or  recall  election 
the  candidate  receiving  the  highest 
number  of  votes  shall  be  declared  elected 
and  in  the  primary  election  preceding 
the  same  the  person  receiving  the  highest 
number  of  votes  shall  be  declared  the 
nominee  to  oppose  the  present  incumbent. 

At  such  special  election  if  some  other 
person  than  the  incumbent  receives  the 
highest  number  of  votes,  the  incumbent 
shall  thereupon  be  deemed  removed 'from 
office  upon  the  qualification  of  his  suc¬ 
cessor.  In  case  the  party  who  receives 
the  highest  number  of  votes  should  fail 
to  qualify,  within  ten  days  after  receiving 


49 


notice  of  his  election,  the  office  shall 
become  vacant,  and  the  council  shall 
proceed  to  fill  the  same,  as  in  other 
vacancies:  Provided,  that  the  incumbent 
whose  successor  was  elected  and  failed  to 
qualify  shall  not  be  appointed  to  fill  such 
vacancy. 

§  45.  No  RECALL  PETITION  FOR  TWELVE 
MONTHS.]  No  recall  or  removal  petition 
shall  be  filed  against  any  officer  until  he 
has  actually  held  office  for  at  least  twelve 
months. 

§  46.  No  PERSON  RECALLED  APPOINTED 
TO  ANY  OFFICE  FOR  ONE  YEAR.]  No  person 
who  has  been  recalled  or  removed  from 
an  elective  office,  or  who  has  resigned 
from  such  office  while  recall  or  removal 
proceedings  were  pending  against  him, 
shall  be  appointed  or  elected  to  any  office 
in  said  city  within  one  year  after  such 
recall  or  resignation. 

INITIATIVE. 

§  47.  PETITION  FOR  SUBMISSION  OF 
ORDINANCES — ELECTION — BALLOT — PROPO¬ 
SITION  FOR  REPEAL  OR  ORDINANCE.]  Any 
proposed  ordinance  may  be  submitted  to 
the  council  by  petition  signed  by  electors 
of  the  city  or  village,  equal  in  number  to 
the  percentage  hereinafter  required.  The 
signature,  verification,  authentication, 
inspection,  certification  and  submission  of 
such  petition  shall  be  the  same  as  pro¬ 
vided  for  petitions  under  section  42 
hereof:  Provided,  such  petition  shall  be 
filed  with  the  city  or  village  clerk. 

If  the  petition  accompanying  the  pro¬ 
posed  ordinance  be  signed  by  electors 
equal  in  number  to  twenty-five  per  cen¬ 
tum  of  the  votes  cast  for  all  candidates 
for  mayor  at  the  last  preceding  general 
municipal  election,  and  contains  a  request 
that  the  said  ordinance  be  submitted  to  a 


50 


vote  of  the  people  if  not  passed  by  the 
council,  such  council  shall  either 

(a)  Pass  such  ordinance  without  alter¬ 
ation  within  thirty  days  after  the  filing 
of  the  same  with  the  clerk,  or 

(b)  Forthwith  after  thirty  days  from 
the  time  of  filing  such  petition  shall  have 
expired,  the  council  shall  call  a  special 
election,  unless  a  general  municipal 
election  occurs  within  ninety  days  there¬ 
after,  and  at  such  special  or  general 
election,  such  ordinance  shall  be  sub¬ 
mitted  without  alteration  to  the  vote  of 
the  electors  of  said  city. 

But  if  the  petition  is  signed  by  not 
less  than  ten  nor  more  than  twenty-five 
per  centum  of  the  electors  above  defined, 
then  the  council  shall,  within  thirty  days 
after  such  petition  is  filed  pass  said 
ordinance  without  change  or  submit  the 
same  at  the  next  general  municipal  elec¬ 
tion  occurring  not  more  than  ninety  days 
after  the  filing  ‘of  such  petition. 

The  ballots  used  when  voting  upon  said 
ordinance  shall  contain  these  words: 
“Shall  the  ordinance  (stating  the  nature 
of  the  proposed  ordinance)  be  adopted,” 
and  shall  otherwise  comply  with  section 
16,  and  the  amendments  thereto,  of  an 
Act  entitled,  “An  Act  to  provide  for  the 
printing  and  distribution  of  ballots  at 
public  expense,  and  for  the  nomination  of 
candidates  for  public  offices,  to  regulate 
the  manner  of  holding  elections,  and  to 
enforce  the  secrecy  of  the  ballot,  ap¬ 
proved  June  22,  1891,  in  force  July  1, 
1891.”  Such  proposition  shall  be  sub¬ 
mitted  on  a  separate  and  distinct  ballot, 
except  as  otherwise  provided  in  this  Act. 

If  a  majority  of  the  qualified  electors 
voting  on  the  proposed  ordinance  shall 
vote  in  favor  thereof,  such  ordinance  shall 


51 


thereupon  become  a  valid  and  binding 
ordinance  of  the  city,  and  any  ordinance 
proposed  by  petition  or  which  shall  be 
adopted  by  a  vote  of  the  people,  cannot 
be  repealed  or  amended  except  by  a  vote 
of  the  people. 

Any  number  of  proposed  ordinances 
may  be  voted  upon  at  same  election,  in 
accordance  with  the  provisions  of  this 
section,  but  there  shall  not  be  more  than 
one  special  election  in  any  period  of  six 
months  for  such  purpose  alone:  Pro¬ 
vided,  however,  two  or  more  proposed 
ordinances  may  be  submitted  separately 
on  the  same  ballot.^ 

The  council  may  submit  a  proposition 
for  the  repeal  of  any  ordinance  or  for 
amendments  thereto,  to  be  voted  upon  at 
any  succeeding  general  city  or  village 
election;  and,  should  such  proposition  so 
submitted  receive  a  majority  of  the  votes 
cast  thereon  at  such  election,  such  ordi¬ 
nance  shall  thereby  be  repealed  or 
amended  accordingly.  Whenever  any 
ordinance  or  proposition  is  required  by 
this  Act  to  be  submitted  to  the  voters 
of  the  city  or  village  at  any  election,  the 
city  or  village  clerk  shall  cause  such 
ordinance  or  proposition  to  be  published 
once  in  each  of  the  daily  newspapers  of 
general  circulation  published  in  said  city 
or  village,  or  in  case  there  is  no  daily 
newspaper  published  in  said  city  or 
village  then  once  in  each  weekly  or  semi¬ 
weekly  newspaper  published  in  said  city 
or  village,  and  if  there  is  no  newspaper 
published  in  said  city  or  village,  then  by 
posting  a  printed  copy  of  such  ordinance 
or  proposition  in  each  of  the  voting  pre¬ 
cincts  in  such  city  or  village,  or,  as  near 
as  possible  to  the  polling  place  therein, 
such  publication  or  posting  to  be  not 


52 


more  than  twenty  nor  less  than  five 
days  before  the  submission  of  such  prop¬ 
osition  or  ordinance  to  be  voted  upon. 

REFERENDUM. 

§  48.  Petition  protesting  against 

PASSAGE  OF  ORDINANCE — ELECTION.]  No 
ordinance  passed  by  the  council,  except 
when  otherwise  required  by  the  general 
laws  of  the  State  or  by  the  provisions  of 
this  Act,  except  an  ordinance  for  the 
immediate  preservation  of  the  public 
peace,  health  or  safety,  which  contains  a 
statement  of  its  urgency  and  is  passed  by 
a  two-thirds  vote  of  the  council,  shall  go 
into  effect  before  thirty  days  from  the 
time  of  its  final  passage,  and  if  during 
said  thirty  days  a  petition  signed  by  the 
electors  of  the  city  or  village  equal  in 
number  to  at  least  ten  per  centum  of  the  en¬ 
tire  vote  cast  for  all  candidates  for  mayor  at 
the  last  preceding  general  municipal  elec¬ 
tion  at  which  a  mayor  was  elected,  protest¬ 
ing  against  the  passage  of  such  ordinance,  be 
presented  to  the  council,  the  same  shall 
thereupon  be  suspended  from  going  into 
operation,  and  it  shall  be  the  duty  of  the 
council  to  reconsider  such  ordinance,  and 
if  the  same  is  not  entirely  repealed,  the 
council  shall  submit  -  the  ordinance  as 
provided  in  sub-section  (b)  of  section  47 
of  this  Act,  to  a  vote  of  the  electors  of 
the  city  or  village,  either  at  the  general 
election  or  at  a  special  election  to  be 
called  for  that  purpose,  and  if  such 
petition  protesting  against  the  said 
ordinance  is  filed  then  such  ordinance 
shall  not  go  into  effect  or  become  operative 
unless  a  majority  of  the  qualified  electors 
voting  on  the  same  shall  vote  in  favor 
thereof.  But  in  the  event  of  no  such 
petition  being  filed  protesting  against 


53 


'such  ordinance  then  such  ordinance  shall 
be  in  full  force  and  effect.  Said  petition 
shall  be  in  all  respects  in  accordance 
with  the  provisions  of  said  section  47, 
except  as  to  the  percentage  of  signers. 

§  49.  Abandonment  of  organization 
— PETITION.]  Any  city  or  village  which 
shall  have  operated  for  more  than  two 
years  under  the  provisions  of  this  Act, 
may  abandon  such  organization  here¬ 
under  and  accept  the  provisions  of  the 
general  law  of  the  State  then  applicable 
to  cities  and  villages,  by  proceeding  as 
follows : 

Upon  the  petition  of  not  less  than 
twenty-five  (25)  per  cent  of  the  electors 
of  such  city  filed  with  the  city  clerk,  the 
city  council  shall  submit  to  the  electors 
of  such  city  or  village,  or  the  election 
commissioners  in  cities,  towns  and  villages 
which  have  adopted  the  city  election  law 
at  a  special  municipal  election  to  be 
held  within  sixty  (60)  days  after  the 
filing  of  said  petition  with  the  city  clerk, 
or  the  election  commissioners  in  cities  or 
villages  which  have  adopted  the  city 
election  law,  the  following  proposition  to- 

wit:  Shall  the  city  of . (or 

village)  abandon  its  organization  under 
the  commission  form  of  municipal  govern¬ 
ment  and  become  a  city  (or  village)  under 
the  general  law:  Provided,  that  such 
proposition  shall  not  be  submitted  oftener 
than  once  in  two  years.  If  a  majority  of 
the  votes  cast  at  such  election  be  in  favor 
of  such  proposition,  the  officers  elected  at 
the  next  succeeding  annual  city  or  village 
election  shall  be  those  then  prescribed  by 
the  Act  to  which  this  Act  is  an  amend¬ 
ment  and  upon  the  qualifications  of  such 
officers  such  municipality  shall  become 
a  city  (or  village),  but  such  change 


54 


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section  42  of  this  Act,  insofar  as  the 
provisions  thereof  may  be  applicable. 
[Amended  by  Act  filed  June  28,  1917. 

MISCELLANEOUS  PROVISIONS. 

§  50.  Duty  of  public  service  corpo¬ 
ration  OR  UTILITY  AS  TO  SERVICE — PENAL¬ 
TY.]  Every  public  service  corporation 
or  utility  shall  furnish  '  and  provide 
equal  and  uniform  service  alike  to  all 
citizens  of  any  city  or  village  adopting  the 
provisions  of  this  Act,  and  it  shall  be 
unlawful  and  a  sufficient  ground  for  the 
forfeiture  of  any  franchise  for  any  such 
corporation  to  grant  free  service,  or 
furnish  better  service,  or  to  furnish 
service  at  a  lower  price  or  rate,  quantity 
and  quality  considered  to  any  person  or 
persons,  or  otherwise  discriminate  in  the 
matter  of  rates  of  service  between  citizens 
of  any  such  city  or  village  adopting  the 
provisions  of  this  Act.  Upon  proof  being 
received  by  the  council  that  this  section 
is  being  violated,  they  shall  at  once 
summon  witnesses  and  investigate,  and 
if  they  so  find  then  it  shall  be  their  duty 
to  immediately  cause  suit  to  be  instituted 
to  have  such  franchise  forfeited.  Pro¬ 
vided^  however,  the  council  shall  have 
power  by  ordinance  to  grant  any  such 
corporation  or  utility  the  right  to  grant 
reduced  rates  to  persons  specified  in  such 
ordinance:  And,  provided,  that  the 
council  may,  by  ordinance,  authorize  any 
street  railway  or  interurban  railway  to 
transport  free  any  member  of  the  police 
or  fire  department  of  said  city  within  the 
corporate  limits  thereof,  and  to  authorize 
the  giving  of  such  free  transporation  in 
other  cases,  when  the  same  shall  not 
be  in  conflict  with  section  37  of  this  Act, 
and  the  general  law  of  the  State,  which 


shall  control  and  govern  this  sub-division. 
And  when  the  same  shall  not  conflict 
with  the  provisions  of  an  Act  of  Congress 
entitled,  “An  Act  to  regulate  commerce,” 
approved  February  4,  1887,  and  the  Act 
amendatory  thereof  approved  June  29, 
1906,  and  all  other  Acts  amendatory 
thereto. 

Any  person.  Arm  or  corporation,  its 
agents  or  officers  thereof  violating  the 
provisions  of  this  section,  and  any  person, 
firm  or  corporation  accepting  the  pref¬ 
erence  herein  named,  shall  be  punished 
by  a  fine  of  not  less  than  one  hundred 
dollars  ($100),  nor  more  than  five  hundred 
dollars,  ($500),  or  by  imprisonmejit  in  the 
county  jail  not  less  than  three  (v3)  months 
nor  more  than  one  (1)  year,  or  by  both 
such  fine  and  imprisonment,  in  the  dis¬ 
cretion  of  the  court:  Provided,  that  any 
person  receiving  special  favors  or  privileges 
referred  to  in  section  50,  shall  be  immune 
from  punishment  in  case  he  testifies  to 
any  matter  referred  to  therein  in  pur¬ 
suance  of  subpoena  from  said  municipal 
authorities. 

TREASURER. 

§51.  Duties  of  treasurer.]  In  ad¬ 
dition  to  the  other  duties  now  imposed 
by  law  upon  the  treasurer  of  any  city  or 
village,  the  said  treasurer  shall  make  his 
daily  deposits  of  sucffi  sums  of  money  as 
shall  be  received  by  him  from  all  sources 
of  revenue  whatsoever,  to  his  credit  as 
treasurer  of  said  city  or  village,  in  one  or 
more  banks  situated  in  said  city  or 
village,  to  be  selected  by  the  president  of 
said  council,  the  commissioner  of  accounts 
and  finance,  and  the  treasurer  of  such  city 
or  village,  or  by  any  two  of  them,  and  any 
such  bank,  -before  any  such  deposit  is 


57 


made  therein,  shall  be  required  to  enter 
into  an  obligation  with  the  said  council 
to  pay  into  the  treasury  of  such  city  or 
village  interest  on  the  monthly  balances  of 
such  deposits  at  a  rate  to  be  fixed  by 
the  president  of  said  council,  the  com¬ 
missioner  of  accounts  and  finance,  and 
the  treasurer,  or  by  any  two  of  them, 
and  which  rate  may  be  changed  in  the 
same  manner — such  rate  to  be  not  less 
than  three  (3)  per  centum  per  annum, 
and  shall  also  execute  a  good  [and] 
sufficient  bond,  with  sureties  to  be 
approved  by  the  president  of  the  said 
council,  and  conditioned  that  such  bank 
will  safely  keep  and  account  for,  and  pay 
over  said  money.  Said  president  of  the 
council,  the  commissioner  of  accounts 
and  finance  and  the  treasurer,  in  the 
selection  of  any  such  depository  bank, 
shall  take  into  consideration  the  reputa¬ 
tion  and  solvency  thereof,  and  the  suffi¬ 
ciency  of  the  security  offered  by  such 
bank.  All  interest  paid  by  any  such  bank 
upon  such  balances  shall  be  collected  by 
the  treasurer  of  said  city  or  village,  and 
shall  be  by  him  reported  in  his  next 
statement  following  such  collection,  and 
shall  be  considered  and  treated  as  a 
part  of  the  general  fund  of  such  city  or 
village,  subject  to  use  for  any  legitimate 
municipal  purpose. 

§  52.  Mayor  and  commissioners  not 

TO  BE  INTERESTED  IN  PUBLIC  SERVICE 
CORPORATION  NOR  IN  FRANCHISE,  ETC., — 
PENALTY.]  Neither  the  mayor  nor  any 
commissioner  elected  under  the  provisions 
of  this  Act  shall  be  interested  directly  or 
indirectly  in  any  public  service  corpora¬ 
tion,  at  the  time  he  assumes  office. 

Any  mayor  or  such  commissioner  assum¬ 
ing  office  subject  to  the  disqualifications 


58 


of  this  section  shall  be  deemed  guilty  of 
a  misdemeanor,  and  shall  be  punishable 
by  a  fine  of  not  less  than  one  thousand 
dollars  ($1,000.00)  nor  more  than  five 
'  thousand  dollars  ($5,000.00),  or  by 
imprisonment  in  the  county  jail  of  not 
less  than  three  (3)  months  nor  more  than 
one  (1)  year,  or  by  both  such  fine  and 
imprisonment  in  the  discretion  of  the 
court.  [Amended  by  Act  approved  and 
of  force  April  26,  1923. 

§  53.  Power  of  council  to  inspect 
PLANTS,  APPLIANCES,  ETC.]  The  council  is 
hereby  granted  full  power  and  authority 
to  make  proper  regulations  for  due 
inspection  of  all  plants  and  machinery  of 
any  person,  firm  or  corporation  exercising 
or  enjoying  any  right,  grant  or  franchise 
from  any  city  or  village  adopting  the 
provisions  of  this  Act.  And  such  council 
and  their  authorized  agents  shall  have 
the  right  to  make  all  necessary  examina¬ 
tions  of  any  plant,  appliances  or  apparatus 
for  the  purpose  of  making  the  necessary 
tests  to  see  that  such  firm,  person  or 
corporation  comply  with  the  regulations 
of  such  council  with  reference  to  the 
quality  and  the  character  of  the  com¬ 
modity  furnished.  Said  council  shall  have 
the  power  to  specify,  determine  and 
regulate  the  quality  and  character  of 
gas  and  electricity  furnished  to  it  and  to 
the  citizens  of  such  city  by  any  person, 
firm  or  company  furnishing  electricity  or 
illuminating  or  fuel  gas;  and  such  cities 
and  villages  shall  have  full  power  and 
authority  to  do  and  perform  all  acts 
necessary  to  carry  out  and  give  full  force 
and  effect  to  the  provisions  of  this  section. 
§  54.  Contracts  involving  outlay 

OVER  $500 — SPECIFICATIONS — ADVERTISE¬ 
MENT — BIDS.]  All  contracts,  of  whatever 


.59 


character,  pertaining  to  public  improve¬ 
ment,  or  the  maintenance  of  public 
property. of  any  city  or  village,  involving 
an  outlay  of  as  much  as  five  hundred 
dollars  ($500.00)  shall  be  based  upon* 
specifications  to  be  prepared  and  sub¬ 
mitted  to,  and  approved  by  the  council, 
and  after  approval  by  the  council, 
advertisement  for  the  proposed  work, 
or  matters  embraced  in  said  proposed 
contract,  shall  be  made,  inviting  eom- 
petitive  bids  for  the  work  proposed  to  be 
done;  which  said  advertisement  shall  be 
put  in  a  newspaper  not  less  than  two  times, 
the  first  advert ‘sement  to  be  not  more 
than  fifteen  days  nor  less  than  ten  days 
before  the  day  fixed  for  the  opening  of 
such  bids.  All  bids  submitted  shall  be 
sealed,  shall  be  opened  by  the  mayor  m 
the  presence  of  a  majority  of  the  council 
and  shall  remain  on  file  in  the  mayor’s 
ofiice  and  be  opened  to  public  inspection 
for  at  least  forty- eight  hours  before  any 
award  of  said  work  is  made  to  any  com¬ 
petitive  bidder.  The  council  shall  deter¬ 
mine  the  most  advantageous  bid  for  the 
city,  and  shall  enter  unto  contract  with 
the  party  submitting  the  lowest  secure 
bid,  but  shall  always,  in  every  advertise¬ 
ment  of  public  work  or  contract  involving 
as  much  as  five  hundred  dollars  ($500,00) 
reserve  the  right  to  rejeet  any  and  all 
bids.  Pending  the  advertisement  of  the 
work  or  contract  proposed  specifications 
therefor  shall  be  on  file  in  the  office  of  the 
mayor,  subject  to  the  inspection  of  all 
parties  desiring  to  bid.  [Amended  by  Act 
filed  July  7,  1923. 

§  543^.  “Official  newspaper”  for 
PUBLICATIONS.]  The  city  council  shall 
select  some  secular  English  daily  news¬ 
paper  published  in  such  city,  if  there  be 


60 


such,  and  if  not,  some  secular  English 
weekly  newspaper  published  in  such  city, 
if  there  be  one,  to  be  the  “official  news¬ 
paper"  for  such  city.  All  noticesy  adver¬ 
tisements,  reports,  proceedings  and  mis¬ 
cellaneous  matters  required  to  be  published 
by  the  terms  of  this  Act  shall  be  published 
in  such  “official  newspaper."  Such  paper 
shall  be  selected  by  competitive  bidding 
in  the  same  manner  as  it  is  herein  pro¬ 
vided  other  contracts  may  be  let,  and  in 
determining  which  bidder  is  the  lowest, 
the  local  circulation  of  each  of  said  news¬ 
papers  shall  be  a  determining  element. 

OATHS  AND  BONDS. 

§  55.  Oaths.]  The  mayor  and  com¬ 
missioners  and  all  officers,  elected  or 
appointed,  shall,  before  entering  upon  the 
duties  of  their  respective  offices,  take  and 
subscribe  the  oath  or  affirmation  pre¬ 
scribed  by  the  constitution;  which  oath 
or  affirmation,  so  subscribed,  shall  be 
filed  in  the  office  of  the  city  or  village  clerk. 

§  56.  Bond  of  mayor  and  commis¬ 
sioners  AND  OTHER  OFFICERS.]  The 
mayor  and  each  commissioner,  city  or 
village  clerk  and  city  or  village  treasurer, 
and  such  other  officers  and  employees  as 
the  council  may  designate  by  ordinance, 
shall,  before  entering  upon  the  duties  of 
their  respective  offices,  execute  bond  with 
good  and  sufficient  security  to  be  approved 
by  the  council,  payable  to  the  city  or 
village  in  such  penal  sum  as  may,  by 
resolution  or  ordinance,  be  directed,  con¬ 
ditioned  for  the  faithful  performance  of 
the  duties  of  the  office  and  the  payment 
of  all  moneys  received  by  such  officer, 
according  to  law  and  the  ordinance  of 
said  city  or  village:  Provided,  however, 
the  bonds  of  the  mayor  and  of  the  com- 


61 


missioners  shall  be  approved  by  the  judge 
of  the  County  Court  of  the  county  in  which 
such  city  or  village  or  the  greater  part 
thereof  is  located,  and  shall  not  be  fixed 
at  a  less  sum  than  three  thousand  dollars 
($3,000.00). 

The  bonds  of  the  mayor  and  com¬ 
missioners  shall  be  filed  in  the  office  of 
the  county  clerk  of  such  county  and  be 
by  him  recorded  in  his  office  and  carefully 
preserved. 

The  bonds  of  all  other  officers  of  such 
city  or  village  (except  the  city  or  village 
clerk)  shall  be  filed  in  the  office  of  the  city 
or  village  clerk,  and  be  by  him  recorded 
in  his  office  and  carefully  preserved.  The 
bond  of  the  city  or  village  clerk  shall  be 
filed  in  the  office  of  the  city  or  village 
treasurer  and  be  by  him  recorded  in  such 
office  and  carefully  preserved:  Provided, 
further,  the  treasurer’s  bond  shall  in  no 
case  be  fixed  at  a  less  sum  than  the  amount 
of  the  estimated  taxes,  special  assessments, 
special  taxes,  license  fees  and  receipts  of 
the  city  or  the  city  or  village  from  all 
sources  for  the  current  year. 

§  57.  Proposition  of  town  or  village 

OR  CITY  HAVING  SPECIAL  CHARTER,  OR 
ETC.  ADOPTING  COMMISSION  FORM  OF 
GOVERNMENT.]  Any  town  or  village  or 
city  having  a  special  charter  or  any  area 
of  contiguous  territory  not  exceeding 
two  square  miles,  which  shall  have 
resident  thereon  a  population  of  at  least 
300  inhabitants  and  which  is  not  included 
in  the  limits  of  any  incorporated  town, 
village  or  city  which  may  take  steps  to 
organize  as  a  village  or  city  under  the 
Act  to  which  this  is  an  amendment,  in 
addition  to  voting  upon  said  proposition 
to  so  organize,  shall  also  vote  at  the'  same 
election  upon  the  question  of  adopting 


62 


this  Act  and  shall  have  printed  on  the 
same  ballot  a  proposition  in  the  following 
form: 


“Shall  the  city  (or  village. 

as  the  case  may  be)  of  (here 

Yes 

insert  the  name  of  such  city 

or  village)  adopt  the  commis- 

No 

sion  form  of  municipal  gov- 

emment?" 

Such  proposition  shall  be  voted  upon  in 
the  manner  as  near  as  may  be  provided 
by  section  16  of  an  Act  entitled,  “An 
Act  to  provide  for  the  printing  and 
distribution  of  ballots  at  public  expense 
and  for  the  nomination  of  candidates 
for  public  offices,  to  regulate  the  manner 
of  holding  elections,  and  to  enforce  the 
secrecy  of  the  ballot,  approved  June  22, 
1891,  in  force  July  1,  1891." 

And  if  such  last  named  proposition  is 
adopted  by  a  majority  vote  of  such 
municipality  or  territory  also  votes  to 
organize  as  a  city  or  village  under  the 
general  law,  then  this  Act  shall  apply  to 
such  city  or  village  and  it  shall  be  deemed 
to  be  organized  under  this  law  or  other¬ 
wise  not.  [Invalid.  People  v  Campbell 
285  Ill.  557. 

§  58.  Rules  in  construing  this  act.] 
In  the  construction  of  this  Act  the 
following  rules  shall  be  observed,  unless 
such  construction  would  be  inconsistent 
with  the  manifest  intent,  or  repugnant  to 
the  context  of  the  statute: 

(a)  The  words  “commissioner,"  or 
“alderman"  or  “village  trustees"  shall  be 
construed  to  mean  commissioner  when 
applied  to  duties  under  the  Act  to  which 
this  is  an  amendment. 


63 


(b)  When  an  office  or  officer  is  named 
in  any  law  referred  to  in  this  Act,  it  shall, 
when  applied  to  cities  or  villages  under 
this  Act,  be  construed  to  mean  the  office 
or  officer  having  the  same  functions  or 
duties  under  the  provisions  of  this  Act, 
or  under  ordinances  passed  under  author¬ 
ity  thereof. 

(c)  The  word  '‘council”  shall  be  con¬ 
sidered  synonymous  with  “city  council” 
or  “president  and  board  of  trustees.” 

(d)  The  word  “franchise”  shall  include 
every  special  privilege  or  right  in  the 
streets,  alleys,  highways,  bridges,  sub¬ 
ways,  viaducts,  air,  waters,  public  places 
and  public  property,  whether  granted  by 
the  State  or  the  city  or  village  which  does 
not  belong  to  the  citizens  generall}^  by 
common  right. 

(e)  The  word  “electors”  shall  be  con¬ 
strued  to  mean  persons  •qualified  to  vote 
for  elective  officers  at  municipal  elections. 

(f)  The  word  “city”  where  used  in  this 
Act  shall  include  village. 

(g)  The  term  “municipal”  or  munici¬ 
pality”  where  used  herein  shall  mean 
either  city  or  village. 

(h)  The  word  “treating”  shall  be  con¬ 
strued  to  mean  the  entertaining  of  person 
or  persons  with  food,  drink,  tobacco  or 
drugs. 

(i)  The  word  “treats”  shall  be  con¬ 
strued  to  mean  the  food,  drink,  tobacco, 
or  drugs,  requested,  offered,  given  or 
received  in  treating  or  for  entertainment 
of  a  person  or  persons. 

§  59.  Invalidity.]  The  invalidity  of 
any  portion  of  this  Act  shall  not  effect 
[affect]  the  validity  of  any  other  portion 
thereof,  which  can  be  given  effect  without 
such  invalid  parts,  the  intention  hereof 
being  that  the  courts  of  this  State  shall 


64 


presume  conclusively  that  it  is  the  inten¬ 
tion  of  the  General  Assembly  that  all  the 
provisions  of  this  Act,  which  are  not  in 
and  of  themselves  invalid,  shall  be  given 
effect,  notwithstanding  the  courts,  but 
for  the  provisions  of  this  section,  might 
presume  it  to  be  the  intention  of  the 
General  Assemibly  that  the  valid  portions 
of  this  Act  should  not  be  given  effect 
unless  the  portions  thereof  which  are 
invalid  would  also  be  given  effect. 

§  60.  Acts  in  conflict  inoperative — 

EXCEPTION  AS  TO  LOCAL  IMPROVEMENT 
AND  PARK  ACTS.]  All  Acts  and  parts  of 
Acts  in  conflict  with  the  provisions  hereof 
are  hereby  rendered  inoperative  in  such 
cities  or  villages  as  shall  adopt  this  Act 
so  long  as  they  remain  under  this  A.ct: 
Provided,  however,  nothing  contained  in 
this  Act  shall  in  any  [way]  repeal,  amend 
or  affect  the  law  pertaining  to  the  malcing 
of  local  improvements  under  the  provisions 
of  an  Act  entitled,  “An  Act  concerning 
local  improvements,”  approved  June  14, 
1897,  and  all  Acts  amendatory  thereto: 
And,  provided,  further,  that  this  Act  shall 
not  repeal,  amend  or  affect  any  of  the 
provisions  of  chapter  105  entitled  “Parks,” 
but  all  the  several  Acts  therein  contained 
shall  be  and  remain  of  the  same  effect 
as  if  this  Act  had  not  been  adopted. 


LOCAL  IMPROVEMENTS — BOARD  OF,  IN 
CITIES  UNDER  COMMISSION  FORM. 

An  Act  to  amend  section  six  (6)  of  an 
Act  entitled,  ''An  Act  concerning  local 
improvements,"  approved  June  14,  1897 , 
in  force  July  1,  1897,  as  amended  by  an 
Act  approved  June  26,  1923,  in  force 
July  1,  1923. 

Section  1.  Be  it  enacted  by  the  People 
of  the  State  of  Illinois,  represented  in  the 

65 


General  Assembly:  Section  6  of  “An  Act 
concerning  local  improvements,”  approved 
June  14,  1897,  as  amended,  is  amended  to 
read  as  follows: 

§  6.  Board  of  local  improvements.] 
In  cities  within  the  terms  of  this  Act, 
having  a  population  of  one  hundred 
thousand  (100,000)  or  more,  by  the  last 
preceding  census  of  the  United  States, 
or  .of  this  State,  there  is  hereby  created  a 
board  of  local  improvements  consisting  of 
the  superin endent  of  special  assessments 
and  five  other  members;  such  five  mem¬ 
bers  shall  be  nominated  by  the  mayor 
and  shall  be  confirmed  by  the  council  or 
board  of  trustees  of  such  city;  and  no 
one  of  which,  except  such  superintendent 
of  special  assessments,  shall  be  the  head 
of  any  department  of  the  government  of 
of  such  city,  or  hold  any  other  office  or 
position  therein.  Said  board  shall  elect 
from  its  members  a  president,  a  vice- 
president,  and  an  assistant  secretary.  The 
superintendent  of  special  assessments  shall 
be  ex  officio  secretary  of  the  board.  In 
the  absence  or  the  inability  of  the  president 
or  secretary  to  act,  the  vice-president 
for  the  president  and  the  assistant  secre¬ 
tary  for  the  secretary,  are  hereby  given 
full  power  to  sign  and  execute  contracts, 
vouchers,  bonds,  payrolls  and  all  other 
papers,  documents  and  instruments  nec¬ 
essary  to  carry  this  Act  and  all  proceed¬ 
ings  hereunder  into  full  force  and  effect. 
Said  board  shall  hold  daily  sessions  for 
the  transaction  of  all  business  in  rooms 
accessible  to  the  public,  to  be  provided  by 
the  city  council. 

The  city  council .  or  board  of  trustees 
of  such  city  shall  provide  for  salaries 
for  said  board  of  local  improvements. 

In  cities  within  the  terms  of  this  Act 


66 


having  a  population  of  more  than  fifty 
thousand  (50,000)  and  less  than  one 
hundred  thousand  (100,000)  by  the  last 
preceding  census  of  the  United  States, 
or  of  this  State,  there  is  hereby  created  a 
board  of  local  improvements,  consisting  of 
•  five  members,  of  which  board  the  com¬ 
missioner  of  public  works  shall  be  the 
president.  The  other  members  of  said 
board  shall  be  the  superintendent  of 
streets,  the  superintendent  of  sewers,  and 
superintendent  of  special  assessments  and 
the  city  engineer. 

In  cities  having  a  population  of  less 
than  fifty  thousand  (50,000)  and  in 
villages  and  incorporated  towns,  the 
board  of  local  improvements  shall  consist 
of  the  mayor  of  said  city,  or  the  president 
of  such  village  or  town,  who  shall  be 
president  of  such  board  and  the  public 
engineer  and  the  superintendent  of 
streets  of  such  municipality  where  such 
officers  shall  be  provided  for  by  ordinance ; 
but  if  at  any  time  no  such  officers  shall 
be  provided  for,  then  the  city  council  or 
the  board  of  trustees,  as  the  case  may  be, 
shall  by  ordinance  designate  two  or  more 
members  of  such  body  who  shall,  with 
such  mayor  or  president  of  such  village 
or  town,  until  otherwise  provided  by 
ordinance,  constitute  the  members  of  the 
board.  The  board  of  trustees  of  any  city, 
village  or  incorporated  town  organized 
under  special  charter  having  a  population 
of  less  than  75,000,  the  limits  of  which 
are  co-extensive  with  the  township  in 
which  it  is  situated,  may  provide  by 
ordinance  for  the  payment  of  salaries  to 
the  members  of  the  board  of  local  im¬ 
provements;  but,  if  any  member  of  said 
board  holds  any  other  office  in  such  incor¬ 
porated  city,  village  or  town  government, 

67 


his  salary  as  member  of  said  board  shall 
not  exceed  the  sum  of  100.00  per 
month.  Provided,  however,  that  in  cities 
having  a  population  of  less  than  fifty 
thousand  (50,000)  and  in  villages  and 
incorporated  towns  which  have  hereto¬ 
fore  adopted  or  shall  adopt  an  Act 
known  as  ‘‘The  Commission  Form  of 
Municipal  Government”  Act,  it  shall  be 
lawful  for  the  council  of  said  city,  village 
or  incorporated  town  to  provide  by 
ordinance  that  the  board  of  local  improve¬ 
ments  shall  consist  of, the  mayor  and  any 
two  or  more  of  the  commissioners,  regard-  f 
less  of  whether  or  not  said  offices  of 
public  engineer  and  superintendent  of 
streets  are  provided  for  by  ordinance. 


I 


68 


CITIES  AND  VILLAGES  UNDER 
COMMISSION  FORM  OF  MU¬ 
NICIPAL  GOVERNMENT. 


Altamont . 

. June 

26, 

1917 

Anna . 

. Apr. 

20, 

1920 

Aurora . 

. Apr. 

20, 

1920 

Braceville . 

. Feb. 

7, 

1911 

Braid  wood . 

. Feb. 

10, 

1920 

Buda . 

. Apr. 

18, 

1916 

Cairo . 

4, 

1913 

Carbondale . 

. Jan. 

7, 

1911 

Catlin . 

. Apr. 

15, 

1913 

Centralia . 

. Feb. 

12, 

1917 

Chenoa . 

. Sept. 

5, 

1916 

Chicago  Heights . 

. Feb. 

15, 

1921 

Chrisman . 

. Apr. 

18, 

1916 

Clinton . 

. Feb. 

28, 

1911 

Coal  City . 

. Feb. 

9, 

1915 

Collinsville . 

. Apr. 

16, 

1919 

Crotty . 

22, 

1921 

Dallas  City . 

. Apr. 

18, 

1916 

Decatur . 

. Jan. 

17, 

1911 

Dixon . 

. Jan. 

17, 

1911 

Downers  Grove . 

18, 

1915 

Earlville . 

. Feb. 

15, 

1917 

East  St.  Louis . 

. Nov. 

6, 

1917 

Effiingham . 

14, 

1914 

Elgin. . » . 

. Jan. 

21, 

1911 

Flora . 

. Apr. 

21, 

1914 

Forest  Park . 

7, 

1911 

Gardner . 

. Apr. 

20, 

1920 

Chicago  Heights . 

. Feb. 

15, 

1921 

Hamilton . 

. Aug. 

1, 

1911 

Harrisburg . 

. Feb. 

20, 

1913 

Harvey . 

16, 

1912 

Highland  Park . 

27, 

1914 

Hillsboro . 

. Feb. 

14, 

1911 

Hurst . 

18, 

1919 

Jerseyville . 

. Feb. 

20, 

1917 

69 


Joliet . 

.Feb. 

2, 

1915 

Kewanee . 

.Jan. 

24, 

1911 

LaSalle . .  .  ' . 

.Feb. 

21, 

1921 

Lincoln . . . 

.Feb. 

11, 

1915 

Marion . . 

.Apr. 

20, 

1915 

Marseilles . . . 

.Oct. 

12, 

1912 

Moline . 

.Jan. 

3, 

1911 

Murphy  sboro 

.Feb.' 

22, 

1913 

Mt.  Carmel 

■.  Dec. 

28, 

1915 

Naperville.  .......*. . 

-Aug. 

28, 

1912 

Newton . 

.• .  Apr. 

18, 

1916 

Oglesby  . . . . 

.Feb. 

18, 

1919 

Olney . . . 

.Apr.' 

18, 

1916 

Ottawa .  .  . . ‘ 

.Jan. 

17, 

1911 

Palos  Park . . 

.  .Oct. 

31, 

1914 

Paris . . 

.’.Mar. 

1, 

1915 

Pekin . . . 

.Feb. 

7, 

1911 

Princeton . . 

.Jan. 

26, 

1915 

Rochelle.  .............. 

.Jan. 

10, 

1911 

Rock  Falls.  . . '.  .  .  . 

•  Jan. 

2, 

1915 

Rock  Island.  . .' . 

■  Jan. 

3, 

1911 

South  Beloit . . 

.Jan. 

16, 

1917 

Sparta . . .  .L'  .\ 

.  .  Feb. 

21, 

1919 

Springfield . . 

•  Jan.' 

2, 

1911 

Spring  Valley. 

.  .Feb. 

14, 

1911 

Sterling . 

•  Jan. 

2, 

1915 

Streator . . 

.  .Feb. 

1, 

1921 

Tampico . 

.Apr. 

17, 

1917 

Waukegan.  . . . 

.Feb. 

14, 

1911 

Wheaton 

.Apr. 

18, 

1916 

;  ; 


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